AGENDA
REGULAR MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
August 23, 2023
City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Joy Jeannette, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Todd Litfin
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto Open Session: 7:00 p.m.
NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.
The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
• Teleconference
https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone:
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Webinar ID: 931 4644 4676
Passcode: 7601
Submit written comments:
We encourage submittal of written comments supporting, opposing, or otherwise commenting 1 REGULAR MEETING
August 23, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.
Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.
When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.
If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)
MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS
ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.
2 REGULAR MEETING
August 23, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:
FLAG SALUTE: ______________________
1. City Manager to announce if there is any addition/removal of items from the agenda.
C. APPROVAL OF AGENDA
D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
F. PRESENTATIONS
A. CALL TO ORDER—REGULAR MEETING
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
August 23, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.
Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
H. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Receive and File Business License Department Report.
3. Approval of 2nd Reading of Ordinance No. 644 entitled:
ORDINANCE NO. 644
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE PLAN TABLE LC-2 NON-RESIDENTIAL INTENSITY AND HEIGHT STANDARDS TO REVISE THE MAXIMUM HEIGHT FROM 50’ TO 55’ IN
THE LIGHT MANUFACTURING (LM/LMCO) AND AIRPORT DEVELOPMENT (ADD) ZONES.
4. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 23/24-02-02 – 149069 through 149244 in the total amount of $6,018,358.69.
b. Approval of City of Adelanto EFT No. N/A
M__________________S__________________ACTION__________________ 4 REGULAR MEETING
August 23, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.
PUBLIC COMMENT: OPEN: CLOSED:
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Receive and File Water Department Report.
3. Receive and File Sewer Department Report.
M__________________S__________________ACTION__________________ J. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:
1. TINY HOME HOMELESS VILLAGE. (JESSIE)
RECOMMENDATION: Instruct staff to prepare and submit an $8 million grant application via Supervisor Paul Cook’s office for the purpose of developing a 2-acre, 200-unit Tiny Home Homeless Village with support structures on city land in Adelanto that has a focus on assisting our Veterans community.
M__________________S__________________ACTION__________________ PUBLIC COMMENT: OPEN: CLOSED:
2. CONSIDERATION OF THE FISCAL YEAR 2023-2024 AMENDMENT 7 FOR CITY FIRE
PROTECTION AND EMERGENCY MEDICAL SERVICES PROVIDED BY THE SAN
BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT. (Angel/Derik)
RECOMMENDATION: It is recommended that the City Council approve the Fiscal Year 2023- 2024 (FY23/24) Amendment 7 for City fire protection and emergency medical services provided by the San Bernardino County Fire Protection District and authorize the City Manager to execute the contract amendment.
M__________________S__________________ACTION__________________ 5 REGULAR MEETING
August 23, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED:
3. CONSIDERATION OF PERMIT SYSTEM RENEWAL FOR CAMINO PERMIT SYSTEM AND EXTENSION FOR THREE YEARS (JULY 1, 2023, THROUGH JUNE 30, 2026). (ANGEL) RECOMMENDATION: Staff recommends that the City Council approve the renewal of the contract for Camino Permitting System for a period of three years from July 1, 2023, through June 30, 2023. In the amount of forty-five thousand ($45,000) per year.
M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:
4. CONSIDERATION OF AMENDMENT NO.4 TO THE PROFESSIONAL CONSULTANT
SERVICES AGREEMENT WITH LOCAL EQUITY LLC TO EXTEND THE CONTRACT TERM TWELVE MONTHS (THROUGH AUGUST 31, 2024) AND INCREASE TOTAL COMPENSATION. (ANGEL)
RECOMMENDATION: Staff recommends the City Council approve Amendment No. 4 to the Professional Consultant Services Agreement with Local Equity LLC to extend Section 3.1.2 Term on the attached Agreement for twelve (12) months with an increased compensation of One Hundred and Fifty Thousand Dollars ($150,000).
M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:
5. APPROVE AMENDMENT ONE TO THE AS NEEDED BUILDING AND SAFETY SERVICES
CONTRACT TO INFRASTRUCTURE ENGINEERS IN THE NOT TO EXCEED AMOUNT OF $1,250,000 AND CHANGE THE TERM OF THE CONTRACT TO A MONTH-TO-MONTH BASIS. (ANGEL)
RECOMMENDATION: Staff recommends City Council approve amendment number one (1) to the As-Needed Building and Safety Services contract to Infrastructure Engineers (IE) in the not to exceed amount of $1,250,000 and change the term of the contract to a month-to-month basis.
M__________________S__________________ACTION____________________ 6 REGULAR MEETING
August 23, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED:
6. APPROVE AMENDMENT ONE TO THE AS NEEDED PLANNING SERVICES CONTRACT TO INFRASTRUCTURE ENGINEERS IN THE NOT TO EXCEED AMOUNT OF $1,250,000 AND CHANGE THE TERM OF THE CONTRACT ON A MONTH-TO-MONTH BASIS. (ANGEL) RECOMMENDATION: Staff recommends City Council approve amendment number one (1) to the As-Needed Planning Services contract to Infrastructure Engineers (IE) in the not to exceed amount of $1,250,000 and change the term of the contract to a month-to-month basis.
M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:
7. APPROVE AMENDMENT NO. 1 TO THE AS NEEDED ENGINEERING SERVICES CONTRACT TO INFRASTRUCTURE ENGINEERS IN THE NOT TO EXCEED AMOUNT OF $2,500,000 AND CHANGE THE TERM OF THE CONTRACT ON A MONTH-TO-MONTH BASIS. (ANGEL) RECOMMENDATION: Staff recommends City Council approve amendment number one (1) to the As-Needed Engineering Support Services contract to Infrastructure Engineers (IE) in the not to exceed amount of $2,500,000 and extend the contract until June 30, 2024 on a month-to-month basis.
M__________________S__________________ACTION____________________ K. ITEMS REMOVED FROM THE CONSENT CALENDAR
L. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner.
M. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.
Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on
7 REGULAR MEETING
August 23, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on September 13, 2023, at 7:00 p.m.
TIME OUT:
M__________________S__________________ACTION____________________
I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,
HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON AUGUST 19, 2023, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.
Brenda Lopez, City Clerk, CMC
V. DECLARATION OF POSTING
8 REGULAR MEETING
August 23, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.
CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.
CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.
LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 9 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121
REGULAR MEETING
OF THE ADELANTO CITY COUNCIL
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
AUGUST 23, 2023
All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
Participate via zoom please log in using any of the options below:
Teleconference https://us06web.zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09
TIME TELECONFERENCE
To Participate and and Call in for public
comments:
Please call 1-669-900-6833 along with
conference code 931 4644 4676
Open Session – 7:00 p.m. Passcode: 7601
Dated: August 19, 2023 Brenda Lopez, City Clerk, CMC
10 CITY COUNCIL
AGENDA REPORT
1 | P a g e
STAFF RECOMMENDATION:
Staff recommends that the City Council accept the monthly Business License Division report for the period ending July 31, 2023.
BACKGROUND:
The New Business Activity Listing exhibits all the new business licenses processed during the month.
Included in the report are new applicants and businesses that renewed their annual license with the City. Anyone doing business within the City must obtain a business license.
The Cash Receipt Listing exhibit lists all money received by the Business License Division for the issuance of a new business licenses, business license renewal, or a temporary business license.
FISCAL IMPACT:
A total of $6,500.00 processed during the month of July 2023.
ATTACHMENTS:
1. Monthly New Business Activity Listing for July 2023.
2. Monthly Cash Receipt List for July 2023.
DATE: August 23, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: HdL Companies / Via: Brenda Lopez, City Clerk
SUBJECT: BUSINESS LICENSE REPORT – JULY 2023
11 CITY COUNCIL
AGENDA REPORT
2 | P a g e
JULY SUMMARY:
40% 10%
4%
7%
8% 27%
2%
2%
Contractors (36) Home Business (9) General Retail (4) General Service (6) Rental Property (24) Manufacturing (7) Professional (2) Vehicles (2) 0 50
100
150
200
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
2017 2018 2019 2020 2021 2022 2023
Business License Accounts Processed by Rate Category
(Total Record Count = 90)
48%
52%
Based Outside the City = 43 Based Inside the City = 47
Total Number of Accounts Processed Business Licenses Issued by Location 12 Monthly Business Activity Listing
Firm Name Firm Address Business Description Location Inside Adelanto License Type Issue Date Amount A & H PROPERTY SERVICES, INC. 11002 CORTEZ AVENUE A & B Hotels,Motels & Other Rental Units Yes Renewal 2023-07-07 $34.00 A C ELECTRIC 16762 DIANE LN Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2023-07-17 $64.00 A CLEAN PRO 12127 MALL BLVD #A184 Janitorial Serv and Supplies No Renewal 2023-07-01 $34.00 A LITTLE LOVE FROM THE ART LLC 11175 AZUSA CT STE 110 Temporary BL No New Application 2023-07-29 $54.00 ABILITY HEATING & AIR CONDITIONING 122 E FOOTHILL BLVD #187 Contractors (Class A, B1, C20) No Renewal 2023-07-26 $104.00 ADT LLC 1120 PALMYRITA AVENUE SUITE 280 Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2023-07-19 $64.00 ALL STAR WATER HEATERS 30300 PUERTO VALLARTA Contractors (C21, C35, C36, C39, C51) No Reinstated 2023-07-11 $79.00 ALLEGION ACCESS TECHNOLOGIES LLC 4230 E AIRPORT DR # 107 Contractors (All Other Class 'C') No Renewal 2023-07-02 $54.00 AMERICAN FREEDOM UNLIMITED LLC 18164 - 78 JONATHAN ST Hotels,Motels & Other Rental Units Yes Renewal 2023-07-09 $56.00 AMEZCUA'S LANDSCAPING 11957 CLIFFROSE CT Home Occupation Yes Renewal 2023-07-04 $29.00 ARACELI'S CLEANING 11775 BARTLETT AVE #307 Home Occupation Yes Renewal 2023-07-19 $29.00 ATC SEQUOIA LLC (CELLULAR TOWER) 17235 RACOON AVE SITE #00419983 Misc Business Yes Renewal 2023-07-17 $54.00 ATC SEQUOIA LLC (CELLULAR TOWER) 11720 BARTLETT AVE SITE #00411612 Misc Business Yes Renewal 2023-07-17 $54.00 BARRIOS & SONS JUMPERS 10851 DOVE LN Home Occupation Yes Renewal 2023-07-04 $29.00 BEAVER FARMS SOUTH INC 16179 BEAVER RD Manufacturing Flat Fee Yes Renewal 2023-07-02 $104.00 BETTER EARTH ELECTRIC, INC. 1815 E WILSHIRE AVE Contractors (All Other Class 'C') No Renewal 2023-07-22 $54.00 BILLS LANDSCAPING INC. 42536 4TH EAST Contractors (Class A, B1, C20) No Renewal 2023-07-05 $104.00 BRIGHT IDEAS FAMILY PARTY RENTAL SUPPLIES 11746 MARYLAND ST Home Occupation Yes Renewal 2023-07-01 $29.00 BUILD FOR YOU REMODELING CORP 15021 VENTURA BLVD #709 Contractors (Class A, B1, C20) No Renewal 2023-07-22 $104.00 BURGESON'S HEATING AND AIR CONDITIONING, INC. 620 TENNESSEE STREET Contractors (Class A, B1, C20) No Renewal 2023-07-09 $104.00 C & W CONSTRUCTION SPECIALTIES INC 2419 PALMA DR Contractors (Class A, B1, C20) No New Application 2023-07-31 $104.00 CARL'S JR. #39 14292 HIGHWAY 395 Restaurant Yes Renewal 2023-07-26 $54.00 CASTANEDA CONCRETE SERVICES 17100 BEAR VALLEY RD #338 Contractors (C4, C6, C8, C10, C12, C16, C42) No New Application 2023-07-06 $65.00 CINDY J LEON 14478 HARVARD CT Hotels,Motels & Other Rental Units Yes Renewal 2023-07-02 $34.00 CLEARWATER RESIDENTIAL, INC. 11223 COSTELLO DR Exempt License Yes New Application 2023-07-01 $259.00 COMPLETE SOLAR INC 1850 GATEWAY DR STE 450 Contractors (All Other Class 'C') No Renewal 2023-07-29 $54.00 COMPLIANCE BILLING SPECIALIST, INC. 14629 LILAC RD Home Occupation Yes Renewal 2023-07-27 $29.00 CONCO CONSTRUCTION ENGINEER, DESIGN & BUILD, INC. 22276 OTTAWA RD SUITE 3 Contractors (Class A, B1, C20) No Renewal 2023-07-19 $104.00 COOLEY CONSTRUCTION, INC. 17525 EUCALYPTUS STREET #G Contractors (Class A, B1, C20) No Renewal 2023-07-01 $104.00 DEL TACO LLC #1000 14200 HIGHWAY 395 Restaurant Yes Renewal 2023-07-11 $54.00 Process Summary:
New - Pending Approval:10
Renewal Accounts:78
Reinstated Accounts:2 Attachment No. 1
Reporting Period: July 2023
Total Licenses Processed: 90
13 Monthly Business Activity Listing
Firm Name Firm Address Business Description Location Inside Adelanto License Type Issue Date Amount DESERT STAR INVESTMENTS, LP. 11094 SAWTOOTH CT Hotels,Motels & Other Rental Units Yes Renewal 2023-07-22 $130.00 DOMINIC J. BROADWAY - TERESA A. BROADWAY 11788 TAYLOR ST Hotels,Motels & Other Rental Units No Renewal 2023-07-03 $34.00 ELECTRICAL SOLUTIONS 74854 VELIE WAY STE 12 Contractors (All Other Class 'C') No Renewal 2023-07-28 $54.00 ELEVATE MANUFACTURING INC 9486 HOLLY RD Manufacturing Yes Renewal 2023-07-06 $79.00 ELEVATION SOLAR LLC 2425 S STEARMAN DR STE 220 Contractors (Class A, B1, C20) No Renewal 2023-07-29 $104.00 EXPRESS CONTRACTORS, INC. 3810 WACKER DR Contractors (Class A, B1, C20) No Renewal 2023-07-19 $104.00 EYNON WEED CONTROL 666 AIRPORT RD Contractors (C21, C35, C36, C39, C51) No New Application 2023-07-27 $79.00 FLAVOR HOUSE, INC. 9516 COMMERCE WAY Manufacturing Flat Fee Yes Renewal 2023-07-01 $104.00 FRANCISCO J. TELLEZ 14332 JEREMIAH STREET Hotels,Motels & Other Rental Units Yes Renewal 2023-07-29 $34.00 G & H ENTERPRISES 11602 AZALIA DR Home Occupation Yes Renewal 2023-07-01 $29.00 GENCO CORP 8636 GULLO AVE Contractors (Class A, B1, C20) No Renewal 2023-07-30 $104.00 GOETTL AIR CONDITIONING & PLUMBING 1240 S GRAPHITE DR Contractors (All Other Class 'C') No Renewal 2023-07-28 $54.00 GRID ALTERNATIVES 2100 ATLANTA AVE Contractors (Class A, B1, C20) No Renewal 2023-07-19 $104.00 GUY ANDERSON 13312 RANCHERO RD STE 18-156 Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2023-07-09 $64.00 HI DESERT FIRE PROTECTION SERVICE, INC. 18383 DAMON DR Professional Services (A) No Renewal 2023-07-27 $129.00 HIGHLAND APARTMENTS 12035 WHITE AVE Hotels,Motels & Other Rental Units Yes Renewal 2023-07-11 $98.00 INTERNATIONAL CARBONIC INC. 16630 KOALA ROAD Manufacturing Flat Fee Yes Renewal 2023-07-01 $104.00 J & M WATSON CONSTRUCTION 10012 SHARON AVENUE Contractors (Class A, B1, C20) No Renewal 2023-07-13 $104.00 JAIME C. DIAZ 15065 DAISY ROAD Hotels,Motels & Other Rental Units Yes Renewal 2023-07-21 $34.00 JAMAL ALI HOBALLAH 14616 KELLY STREET Hotels,Motels & Other Rental Units Yes Renewal 2023-07-23 $34.00 JAMES OTT 17813 STEVENS Hotels,Motels & Other Rental Units Yes Renewal 2023-07-20 $30.00 JAMES Q HUYNH 10955 STAR ST Hotels,Motels & Other Rental Units Yes Renewal 2023-07-07 $34.00 JANET FLORES 14958 BINFORD AVE Hotels,Motels & Other Rental Units Yes Renewal 2023-07-01 $34.00 JENNY HIEN RENTAL 14503 BARKSDALE CIR Hotels,Motels & Other Rental Units Yes Renewal 2023-07-02 $34.00 JESUS LARA 18117 POINCIANA Hotels,Motels & Other Rental Units Yes Renewal 2023-07-13 $34.00 KAI-CHUN WONG 11086 HILLSBOROUGH CT Hotels,Motels & Other Rental Units Yes Renewal 2023-07-02 $34.00 KERNS INC A CALIFORNIA CORPORATION 17560 CATALPA ST Contractors (Class A, B1, C20) No Renewal 2023-07-28 $104.00 LINDA LE 11473 RUSSET PL Hotels,Motels & Other Rental Units Yes Renewal 2023-07-20 $34.00 LIQUOR MART 11965 CACTUS #M Retail/Wholesale Yes Renewal 2023-07-04 $55.00 LUV'N CROCKETT'S HOMESTYLE BBQ 3121 VIANA DR Food Catering Service No Renewal 2023-07-31 $34.00 Process Summary:
New - Pending Approval:10
Renewal Accounts:78
Reinstated Accounts:2 Attachment No. 1
Reporting Period: July 2023
Total Licenses Processed: 90
14 Monthly Business Activity Listing
Firm Name Firm Address Business Description Location Inside Adelanto License Type Issue Date Amount LYLE PARKS JR CONSTRUCTION 1285 S LEWIS ST Contractors (Class A, B1, C20) No Renewal 2023-07-08 $104.00 MAGIC SMOG CENTER 11683 RANCHO RD #1 Auto Repair Yes Renewal 2023-07-19 $104.00 MASAMICHI UJIIE 11560 SAGE ST Hotels,Motels & Other Rental Units Yes Renewal 2023-07-12 $34.00 MASTEC NETWORK SOLUTIONS INC 1825 PONCE DE LEON BLVD #543 Contractors (Class A, B1, C20) No New Application 2023-07-28 $104.00 MICA ASSOCIATES,LLC 9732 RANCHO RD Manufacturing Flat Fee Yes Renewal 2023-07-01 $104.00 MJX INC 16177 BEAVER RD Manufacturing Flat Fee Yes Renewal 2023-07-12 $104.00 ML SOLAR & ELECTRICAL INSTALLATIONS CA 7028 5325 ELKHORN BLVD Contractors (C4, C6, C8, C10, C12, C16, C42) No New Application 2023-07-19 $65.00 NETA NETWORKS INC 18838 US HIGHWAY 18 STE 17 Contractors (All Other Class 'C') No Renewal 2023-07-27 $54.00 ON TAP VENDING MACHINE PROVIDERS 11591 MIRANDA DR Home Occupation Yes Reinstated 2023-07-12 $290.00 ORTEGA'S GRADING, INC 11905 2ND AVE Contractors (C4, C6, C8, C10, C12, C16, C42) No New Application 2023-07-13 $64.00 PACWEST ENGINEERING CO INC 380 W ATHOL ST Contractors (Class A, B1, C20) No New Application 2023-07-13 $104.00 POWUR HOME CONSTRUCTION 321 VIA DE LA VALLE 321G Contractors (Class A, B1, C20) No Renewal 2023-07-28 $104.00 PROFESSIONAL HOSE SOLUTIONS MOBILE 14538 INDIAN PAINTBRUSH RD Home Occupation Yes Renewal 2023-07-10 $30.00 REDBOX AUTOMATED RETAIL, LLC 14168 HIGHWAY 395 Retail/Wholesale Yes Renewal 2023-07-09 $54.00 REDWOOD PLUMBING AND ENGINEERING, INC 16320 WINTUN RD Contractors (C21, C35, C36, C39, C51) No Renewal 2023-07-16 $79.00 RENTAL 1 14283 IVY ST Hotels,Motels & Other Rental Units Yes Renewal 2023-07-25 $34.00 SADIQ AND SHEHLA GHIAS 18380 JONATHAN ST Hotels,Motels & Other Rental Units Yes Renewal 2023-07-22 $130.00 SAMIR NABBOUT 14810 REDWOOD ST Hotels,Motels & Other Rental Units Yes Renewal 2023-07-01 $34.00 SCCC GROUP SERVICES,INC 17112 A ST Manufacturing Flat Fee Yes Renewal 2023-07-17 $104.00 SOLAR DOCTORS LLC 3233 GRACE DR Contractors (C4, C6, C8, C10, C12, C16, C42) No New Application 2023-07-06 $65.00 SONIA LEE 11972 CLIFFROSE CT Hotels,Motels & Other Rental Units Yes Renewal 2023-07-06 $34.00 SP ASSETS LLC 11366 CHAMBERLAINE WAY Hotels,Motels & Other Rental Units Yes Renewal 2023-07-21 $34.00 SSD ALARM SYSTEMS 1740 N LEMON ST Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2023-07-27 $64.00 TANG & MOOC LLC 11848 WALLFLOWER Hotels,Motels & Other Rental Units Yes Renewal 2023-07-04 $34.00 THOMPSON FAMILY PLUMBING AND ROOTER, INC. 8104 I AVE STE D Contractors (C21, C35, C36, C39, C51) No Renewal 2023-07-01 $79.00 TOM FAMILY TRUST 8/17/11 684 BARNUM WAY Hotels,Motels & Other Rental Units No Renewal 2023-07-02 $34.00 TOP OPTION PEST CONTROL 11760 OXFORD ST Home Occupation Yes Renewal 2023-07-24 $29.00 TRI COUNTY FIRE 12221 POPLAR ST #1 Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2023-07-15 $64.00 USADEBUSK, LLC 12191 VIOLET RD Trucking Hauling Yes Renewal 2023-07-20 $129.00 VERTEX SURVEY, INC. 28348 CONSTELLATION RD STE 800 Professional Services (A) No Renewal 2023-07-01 $129.00 Process Summary:
New - Pending Approval:10
Renewal Accounts:78
Reinstated Accounts:2 Attachment No. 1
Reporting Period: July 2023
Total Licenses Processed: 90
15 Totals for New Receipts
Summary by GL Account #
Paid to Client
Building Dept - Commercial Zoning Fees $100.00
Building Dept - Home Occupation Zoning Fees $95.00
Business License Tax - G/L #100-0000-43035 $453.74
Penalties - G/L #100-0000-43035 $19.26
SB-1186 Fees - City Portion $14.40
SB-1186 Fees - State Portion $1.60
Total: $684.00
Paid to HdL
Unknown $17.00
Building Dept - Commercial Zoning Fees $200.00
Business License Tax - G/L #100-0000-43035 $3,515.81
Penalties - G/L #100-0000-43035 $269.62
SB-1186 Fees - City Portion $205.20
SB-1186 Fees - State Portion $22.80
Total: $4,230.43
Summary by Payment Type
7 Check 299.30
1 Credit Balance -
33 Credit Card 2,618.13
16 eCheck 1,313.00
3 Paid at City 684.00
60 Grand Total: $4,914.43
Summary by Geo Area
60 4,914.43
60 Grand Total $4,914.43
Attachment 2
City of Adelanto
Business License Division
Cash Receipts Summary
07/01/2023 to 07/31/2023
16 ORDINANCE NO. 644
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE PLAN TABLE LC-2 NONRESIDENTIAL INTENSITY AND HEIGHT STANDARDS TO REVISE THE MAXIMUM HEIGHT FROM 50’ TO 55’ IN THE LIGHT MANUFACTURING (LM/LMCO) AND AIRPORT DEVELOPMENT (ADD) ZONES.
WHEREAS, on August 28, 2001, the City Council adopted the General Plan Update for the City of Adelanto (“City”); and
WHEREAS, in 2014, the City Council adopted the Adelanto North 2035 Sustainable Plan; and
WHEREAS, the Adelanto Planning Commission, after a duly noticed public hearing held on June 21, 2023 adopted Resolution No. P-23-14 recommending that the City Council Adopt Ordinance No. 644, approving General Plan Amendment No. GPA 23-01.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ADELANTO DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. The City Council finds that pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, no further environmental review is required prior to the adoption of the proposed amendments to the Adelanto General Plan Table LC-2 Non-Residential Intensity and Height Standards.
Specifically, the current General Plan Amendment application is exempt from further environmental review pursuant to Section 15061(b)(3) of the State Guidelines to implement CEQA, which states that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, such is the case with GPA 23-01, the activity is not subject to CEQA.
Further, the City Council finds that State CEQA guidelines Section 15378(b)(5) exempts organizational and administrative activities of governments that will not result in physical environmental impacts.
17 ORDINANCE No. 644
SECTION 3. Table LC-2 is amended as follows:
Proposed Amendment
(Changes are shown in Bold Underlined or strikethrough text) Table LC-2 Non-Residential Intensity and Height Standards Non-Residential Designations
Maximum Intensity
Floor-Area Ratio (FAR)
Maximum Height
Story Feet
Business Park (BP) 0.75 FAR 3 stories 50 feet
Light Manufacturing (LM) 0.60 FAR 3 stories 50 55 ft.
Manufacturing/Industrial (MI) - Industrial or
Manufacturing Uses 0.60 FAR 2 stories 30 feet
Manufacturing/Industrial (MI) – Correctional
Facilities 0.60 FAR 4 stories 60 feet
Airport Development District (ADD) 0.60 FAR 2 stories 50 55 ft.
Mixed Use 0.45 FAR 4 stories N/A
SECTION 4. The City Council has reviewed the proposed General Plan Amendment application in accordance with the standards and principles stated in Section 17.115.040 of the Adelanto Zoning Code, and finds that the proposed use is consistent with the objectives of the Zoning Code and the Adelanto General Plan by the following:
(a) The General Plan Amendment is consistent with the goals, policies, and objectives of the General Plan. The General Plan Amendment will meet Policy 3.1 and 3.2 of the General Plan Land Use Element, in that the amendment will promote attractive warehousing and manufacturing uses that will meet the local demand for products and services and encourage a balanced development in the Airport Development and Light Manufacturing Zones.
(b) The General is consistent with other development uses as detailed in Article 17 of the Adelanto Zoning Code. The proposed uses were reviewed by staff using the current Zoning Code. The General Plan Amendment promotes the public health, safety and welfare of the community by allowing uses that provide a thorough and efficient level of service to residents and developers seeking to develop specific use projects on local parcels.
18 ORDINANCE No. 644
(c) The General Plan Amendment will not conflict with provisions of the Zoning Code, subdivision regulations, or any applicable specific plan
SECTION 5. The City Council directs staff to prepare and file a Notice of Exemption (“NOE”) with the Clerk of the Board of Supervisors for the County of San Bernardino within five (5) working days of the passage and adoption of this Ordinance.
SECTION 6. The documents and materials that constitute the record of proceedings on which these findings are based are located at the Development Services Department of the City of Adelanto, Adelanto City Hall, 11600 Air Expressway, Adelanto, CA 92301.
SECTION 7. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.
SECTION 8. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.
PASSED, APPROVED, and ADOPTED this _9th__ day of _August__, 2023. ______________________________
Gabriel Reyes, Mayor
___________________________________
Brenda Lopez, CMC, City Clerk
APPROVED AS TO FORM:
___________________________________
City Attorney
19 ORDINANCE No. 644
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. 644 was duly introduced for first reading on the 9th day of August , 2023 and adopted at a regular meeting of the City Council of the City of Adelanto on this day 9th day of August, 2023, by the following voter, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this 9th day of August , 2023 _______________________________
Brenda Lopez, CMC, City Clerk
20 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
STAFF RECOMMENDATION:
Staff recommends that City Council review and ratify Warrant Demand Schedule 23/24-02-02.
1. City of Adelanto Check Warrant No. 149069 through 149244 in the total amount of $6,018,358.69.
2. City of Adelanto EFT No. N/A
BACKGROUND:
All payments have been reviewed in accordance with policies for processing payments and expenditures.
FISCAL IMPACT:
Summary of Payments issued:
Total Number of Payments: 176
Total Amount of Payments: $6,018,358.69
ATTACHMENTS:
1. Payment Check Register – Check No. 149069 through 149244
2. Payment EFT Register – EFT No. N/A
DATE: August 23, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Finance Department
SUBJECT: WARRANT DEMAND SCHEDULE 23/24-02-02
21 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
Check
149069 07/20/2023 Open Accounts Payable ADELANTO COMMUNITY
RESOURCE CENTER
$4,359.61
Invoice Date Description Amount
6-2023 06/29/2023 Emergency Food and Clothing Distribution - June 2023 $3,992.00 5-2023 06/29/2023 Emergency Food and Clothing Distribution - May 2023 $367.61 149070 07/20/2023 Open Accounts Payable BANK UP CORPORATION $500.00 Invoice Date Description Amount
5719 06/30/2023 Variable Flex - June 2023 $500.00
149071 07/20/2023 Open Accounts Payable BURKE, WILLIAMS & SORENSEN, LLP
$825.03
Invoice Date Description Amount
304304 07/19/2023 Professional Services Rendered through June 2023 $825.03 149072 07/20/2023 Open Accounts Payable CHRIS GATEWOOD INDUSTIES INC DBA CentriTEK
$26,516.95
Invoice Date Description Amount
2023-051 07/12/2023 Grease System Parts for Centrisys Centrifuge $424.75 2023-052 07/12/2023 Onsite Labor for Emergency Repairs $26,092.20 149073 07/20/2023 Open Accounts Payable GIC CORPORATION $3,628.95 Invoice Date Description Amount
115064 06/25/2023 Hauling of Bio Solids - June 2023 $3,628.95 149074 07/20/2023 Open Accounts Payable HIGH DESERT OUTREACH CENTER
$2,140.00
Invoice Date Description Amount
23-5 06/29/2023 Food Distribution Reimbursement: June 2023 $2,140.00 149075 07/20/2023 Open Accounts Payable HOUSTON & HARRIS PCS, INC. $3,281.25 Invoice Date Description Amount
22-25397 06/29/2023 CCTV Inspect & Locate $3,281.25
149076 07/20/2023 Open Accounts Payable INFOSEND $6,362.81 Invoice Date Description Amount
235745 05/16/2023 Utility Billing Statements-Processing/Postage $1,815.74 241809 06/30/2023 Utility Billing Statements-Processing/Postage $4,547.07 149077 07/20/2023 Open Accounts Payable LEIBOLD MCCLENDON & MANN $1,842.50 Invoice Date Description Amount
6 06/29/2023 Professional Services Rendered through June 2023 $1,842.50 149078 07/20/2023 Open Accounts Payable MARY MANZO $1,698.50 Invoice Date Description Amount
111 07/19/2023 Janitorial Services: 07/01/23-07/15/23 $1,698.50 149079 07/20/2023 Open Accounts Payable NURSERY PRODUCTS, LLC $15,111.78 Invoice Date Description Amount
39914 06/29/2023 June 2023 Services $6,998.52
39104 06/01/2023 May 2023 Services $8,113.26
user: Anna Mosqueda AP Pages: 1 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 22 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149080 07/20/2023 Open Accounts Payable OLIVAREZ MADRUGA LAW
ORGANIZATION
$25,745.82
Invoice Date Description Amount
22557 06/29/2023 Professional Services Rendered through 06/30/2023 $137.40 22558 06/29/2023 Professional Services Rendered through 06/30/2023 $84.00 22559 06/29/2023 Professional Services Rendered through 06/30/2023 $112.00 22561 06/29/2023 Professional Services Rendered through 06/30/2023 $68.70 22562 06/29/2023 Professional Services Rendered through 06/30/2023 $140.00 22563 06/29/2023 Professional Services Rendered through 06/30/2023 $68.70 22556 06/29/2023 Professional Services Rendered through 06/30/2023 $526.70 22555 06/29/2023 Professional Services Rendered through 06/30/2023 $4,061.60 22554 06/29/2023 Professional Services Rendered through 06/30/2023 $44.64 22553 06/29/2023 Professional Services Rendered through 06/30/2023 $595.40 22552 06/29/2023 Professional Services Rendered through 06/30/2023 $168.00 22560 06/29/2023 Professional Services Rendered through 06/30/2023 $19,738.68 149081 07/20/2023 Open Accounts Payable POLITICAL DYNAMICS, LLC $2,250.00 Invoice Date Description Amount
1126 06/06/2023 Professional Services Rendered through May-June 2023
$2,250.00
149082 07/20/2023 Open Accounts Payable POLYDYNE, INC. $8,178.23 Invoice Date Description Amount
1754768 07/19/2023 Clarifloc WE-1296 $8,178.23
149083 07/20/2023 Open Accounts Payable R&B AUTOMATION INC $1,797.50 Invoice Date Description Amount
10149528 05/26/2023 Troubleshooting Actuator $1,797.50
149084 07/20/2023 Open Accounts Payable RUTAN & TUCKER, LLP. $16,535.00 Invoice Date Description Amount
958128 04/24/2023 Professional Services Rendered through March 2023 $2,850.00 964632 07/19/2023 Professional Services Rendered through June 2023 $12,134.00 964633 07/19/2023 Professional Services Rendered through June 2023 $1,290.00 964634 07/19/2023 Professional Services Rendered through June 2023 $58.00 964635 07/19/2023 Professional Services Rendered through June 2023 $203.00 149085 07/20/2023 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $10,129.83 Invoice Date Description Amount
6211-07032023 07/03/2023 Acct. 8015369774 10354 Katelyn CT LS1 LGHT $75.31 3836-07032023 07/03/2023 Acct. 8014617403 Verbena / Seneca LS1 Light $330.16 5506-07072023 07/07/2023 Acct. 8002007155 14802 Turner $7,701.11 5831-07072023 07/07/2023 Acct. 8005152998 Well 14 14888 Turner $2,023.25 149086 07/20/2023 Open Utility Management
Refund
ACEVES AND CLEMENTINA
ACEVES, LUIS, H
$122.78
Account Type Account Number Description Transaction Date Transaction Type R1NG 10099925-002 DEPOSIT REFUND FOR
CLOSED ACCT
07/18/2023 MISC
user: Anna Mosqueda AP Pages: 2 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 23 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149087 07/20/2023 Open Utility Management
Refund
BELTRAN, JOSEFINA $102.39
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 70004014-004 EARLY REFUND FOR 12
CONSECUTIVE ON TIME
PAYMENTS
07/17/2023 REFUND ADJUSTMENT
149088 07/20/2023 Open Utility Management
Refund
DAVIES, CAROL $43.62
Account Type Account Number Description Transaction Date Transaction Type SLING 10015092-001 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
07/20/2023 MISC
149089 07/20/2023 Open Utility Management
Refund
DIAZ, MARISOL $277.40
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 80001132-004 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
07/20/2023 MISC
149090 07/20/2023 Open Utility Management
Refund
DIAZ-LEAL, CYNTHIA $192.10
Account Type Account Number Description Transaction Date Transaction Type R1NG 40012594-003 DEPOSIT REFUND FOR
CLOSED ACCOUNT
07/11/2023 MISC
149091 07/20/2023 Open Utility Management
Refund
GONZALEZ OR RICHARD ARCIGA,
MICHELLE
$323.67
Account Type Account Number Description Transaction Date Transaction Type R2N 20215734-002 DEPOSIT REFUND FOR 12
CONSECUTIVE ON TIME
PAYMENTS
07/10/2023 REFUND ADJUSTMENT
149092 07/20/2023 Open Utility Management
Refund
GREEN , RECHELE $274.65
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 40013061-003 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
07/20/2023 MISC
149093 07/20/2023 Open Utility Management
Refund
GUTIERREZ, JAVIER $309.12
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 40007772-003 DEPOSIT REFUND FOR
CLOSED ACCOUNT
07/11/2023 MISC
149094 07/20/2023 Open Utility Management
Refund
LOPEZ, JOHN $313.84
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 80012123-003 DEPOSIT REFUND FOR
EXCELLENT PAYMENT
HISTORY FOR 12
CONSECUTIVE MONTHS
07/12/2023 REFUND ADJUSTMENT
user: Anna Mosqueda AP Pages: 3 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 24 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149095 07/20/2023 Open Utility Management
Refund
LUNA GARCIA OR LUIS
MONTELLANO, SOLEDAD
$283.12
Account Type Account Number Description Transaction Date Transaction Type R1NG 00016259-004 DEPOSIT REFUND FOR
CLOSED ACCOUNT
07/11/2023 MISC
149096 07/20/2023 Open Utility Management
Refund
LUNA, AURORA $204.58
Account Type Account Number Description Transaction Date Transaction Type R1NG 20211574-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
07/06/2023 MISC
149097 07/20/2023 Open Utility Management
Refund
MUSGRAVE, JOSHUA $63.12
Account Type Account Number Description Transaction Date Transaction Type R1NG 20013002-004 DEPOSIT REFUND FOR
CLOSED ACCOUNT
07/11/2023 MISC
149098 07/20/2023 Open Utility Management
Refund
OPTIMUM PROPERTY
MANAGEMENT
$330.39
Account Type Account Number Description Transaction Date Transaction Type R1NG 60016115-009 DEPOSIT REFUND FOR
CLOSED ACCOUNT
07/18/2023 MISC
149099 07/20/2023 Open Utility Management
Refund
PERKINS, CARRIE $209.94
Account Type Account Number Description Transaction Date Transaction Type R1NG 11015227-003 DEPOSIT REFUND FOR
EXCELLENT PAYMENT
HISTORY FOR 12
CONSECUTIVE MONTHS
07/11/2023 REFUND ADJUSTMENT
149100 07/20/2023 Open Utility Management
Refund
RODRIGUEZ, JUNIOR $273.44
Account Type Account Number Description Transaction Date Transaction Type R2N 20215651-002 DEPOSIT REFUND FOR
CLOSED ACCOUNT
07/17/2023 MISC
149101 07/20/2023 Open Utility Management
Refund
SOTO, ALVARO $321.96
Account Type Account Number Description Transaction Date Transaction Type R1NG 60014613-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
07/20/2023 MISC
149102 07/20/2023 Open Utility Management
Refund
TABOR, LEE $367.11
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 60013430-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
07/20/2023 MISC
149103 07/20/2023 Open Utility Management
Refund
YU , ANDY, MU-HSUEH $54.60
Account Type Account Number Description Transaction Date Transaction Type R1NG 00024242-007 DEPOSIT REFUND FOR
CLOSED ACCT
07/20/2023 MISC
user: Anna Mosqueda AP Pages: 4 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 25 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149104 07/20/2023 Open Utility Management
Refund
ZHAO , YI $132.47
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 70014716-002 DEPOSIT REFUND FOR
CLOSED ACCOUNT
07/06/2023 MISC
149105 07/24/2023 Open Accounts Payable ABALDE, PATRICK $98.39 Invoice Date Description Amount
07242023 07/24/2023 New World ERP User Group Meeting in Norco, CA $98.39 149106 07/24/2023 Open Accounts Payable ANNA MOSQUEDA $123.93 Invoice Date Description Amount
07242023 07/24/2023 New World ERP User Group Meeting in Norco, CA $123.93 149107 07/26/2023 Open Accounts Payable 760 AUTOGLASS INC $3,464.00 Invoice Date Description Amount
0927 07/26/2023 Glass Replacement on City Vehicles $3,464.00 149108 07/27/2023 Open Accounts Payable FLYERS ENERGY LLC. $9,374.53 Invoice Date Description Amount
CFS-3480962 06/29/2023 Fuel for Animal Control - June 2023 $821.67 CFS-3480623 06/29/2023 Fuel for Code Enforcement - June 2023 $475.46 CFS-3480516 06/29/2023 Fuel for Facility Maintenance - June 2023 $379.45 CFS-3481790 06/29/2023 Fuel for Parks - June 2023 $729.07 CFS-3481500 06/29/2023 Fuel for Streets Dept. - June 2023 $2,047.14 CFS-3481571 06/29/2023 Fuel for City Staff Carpool - June 2023 $1,411.06 CFS-3482499 06/29/2023 Fuel for Inspectors Vehicle - June 2023 $150.16 CFS-3460914 06/15/2023 Fuel for Inspectors Vehicle - June 2023 $224.77 23-838134 05/31/2023 Mobil Teresstic $2,950.71
CFS-3426492 05/15/2023 Fuel for Inspectors Vehicle - May 2023 $185.04 149109 07/27/2023 Open Accounts Payable AAA TIRE SHOP $9,898.83 Invoice Date Description Amount
335 06/27/2023 Vehicle Maintenance on 2021 Suburban $1,661.63 336 07/29/2023 Vehicle Maintenance for Engineering Vehicle $6,853.73 337 06/29/2023 New Tires for Animal Control Vehicle $1,383.47 149110 07/27/2023 Open Accounts Payable BARSTOW HUMANE SOCIETY $10,450.00 Invoice Date Description Amount
06292023 06/29/2023 Animal Sheltering Fees - June 2023 $10,450.00 149111 07/27/2023 Open Accounts Payable CALLTOWER, INC. $3,048.63 Invoice Date Description Amount
201545998 07/26/2023 Webex Portal Services: 07/26/23-08/25/23 $1,500.79 201509827 07/01/2023 Webex Portal Services: 06/26/23-07/25/23 $1,547.84 149112 07/27/2023 Open Accounts Payable CAMINO TECHNOLOGIES, INC $45,000.00 Invoice Date Description Amount
1246 07/01/2023 Permit System Subscription 07/09/23-07/08/24 $45,000.00 149113 07/27/2023 Open Accounts Payable CHARTER COMMUNICATIONS $6,464.60 Invoice Date Description Amount
0001854070423 07/04/2023 Service for All Departments: 07/04/23-08/03/23 $6,464.60 user: Anna Mosqueda AP Pages: 5 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 26 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149114 07/27/2023 Open Accounts Payable CHURCH, LAWRENCE $501.09 Invoice Date Description Amount
07012023 07/10/2023 Healthcare Reimbursement - 04/01/23-06/30/23 $501.09 149115 07/27/2023 Open Accounts Payable CINTAS CORP #150 $368.28 Invoice Date Description Amount
1904088180 06/29/2023 Shirts for Animal Control/Code Enforcement $368.28 149116 07/27/2023 Open Accounts Payable CIVICPLUS $10,041.15 Invoice Date Description Amount
260399 07/01/2023 Software Annual Renewal - 06/30/23-06/29/24 $10,041.15 149117 07/27/2023 Open Accounts Payable CORELOGIC SOLUTIONS, LLC. $225.00 Invoice Date Description Amount
82179328 06/29/2023 RealQuest Online Services - June 2023 $225.00 149118 07/27/2023 Open Accounts Payable COUNTY OF SAN BERNARDINO $435.04 Invoice Date Description Amount
28253 02/28/2023 Radio Access & Maintenance - February 2023 $217.52 28657 06/29/2023 Radio Access & Maintenance - June 2023 $217.52 149119 07/27/2023 Open Accounts Payable CROMMIE, JUDITH $287.20 Invoice Date Description Amount
08012023 07/20/2023 PERS Healthcare Charge $287.20
149120 07/27/2023 Open Accounts Payable DEWEY PEST CONTROL, INC. $475.00 Invoice Date Description Amount
16017440 07/01/2023 Pest Control Services for Senior Center - July 2023 $135.00 16015056 07/01/2023 Pest Control Services for City Hall - July 2023 $239.00 16023800 07/26/2023 Pest Control Services for Sheriff Station - July 2023 $36.00 16015486 07/26/2023 Pest Control Services for Sheriff Station - July 2023 $65.00 149121 07/27/2023 Open Accounts Payable DOUGLAS PIPELINE INC $11,373.64 Invoice Date Description Amount
2399-07-001 06/29/2023 23-99-11365 Adelanto Ave Emergency Repairs $11,373.64 149122 07/27/2023 Open Accounts Payable DSD-DISTRIBUTED SOLAR
DEVELOPMENT, LLC
$49,162.12
Invoice Date Description Amount
DSD002394 06/29/2023 ADE Consolidated Net Generation - June 2023 $49,162.12 149123 07/27/2023 Open Accounts Payable FANT, GINGER M. $372.55 Invoice Date Description Amount
08012023 07/20/2023 PERS Healthcare Charge $372.55
149124 07/27/2023 Open Accounts Payable FESSENDEN, DONALD $721.38 Invoice Date Description Amount
07012023 07/10/2023 Healthcare Reimbursement - 04/01/23-06/30/23 $721.38 149125 07/27/2023 Open Accounts Payable FIGUEROA, JOSE $1,586.43 Invoice Date Description Amount
07012023 07/10/2023 Healthcare Reimbursement - 04/01/23-06/30/23 $1,586.43 149126 07/27/2023 Open Accounts Payable FRONTIER $375.68 Invoice Date Description Amount
052692-5-062523 07/06/2023 760-246-9782-052692-5 Service from 06/25/23- 07/24/23
$375.68
user: Anna Mosqueda AP Pages: 6 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 27 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149127 07/27/2023 Open Accounts Payable GARDA WORLD $900.46 Invoice Date Description Amount
10745070 07/26/2023 Armored Services - July 2023 $848.27 20571557 06/29/2023 Excess Time & Excess Items - June 2023 $52.19 149128 07/27/2023 Open Accounts Payable GONZALES, FLORENTINO $714.30 Invoice Date Description Amount
07012023 07/10/2023 Healthcare Reimbursement - 04/01/23-06/30/23 $714.30 149129 07/27/2023 Open Accounts Payable HD KINGZ YOUTH FOOTBALL AND CHEER
$500.00
Invoice Date Description Amount
062920223 06/29/2023 Refund for Field Usage $500.00
149130 07/27/2023 Open Accounts Payable HI DESERT ALARM $150.00 Invoice Date Description Amount
R97660 07/01/2023 WWTP Burglar Alarm Monitoring - 07/01/23-09/30/23 $150.00 149131 07/27/2023 Open Accounts Payable HOME DEPOT CREDIT SERVICES $4,045.18 Invoice Date Description Amount
6013862 07/26/2023 Supplies for Maintenance $97.58
1510035 07/26/2023 Supplies for Maintenance $59.45
6013861 07/26/2023 Supplies for Maintenance $1,020.12
514490 07/26/2023 Supplies for Maintenance $269.70
5974482 06/26/2023 Supplies for Maintenance $265.31
2525804 06/29/2023 Supplies for Maintenance $105.93
3020302 06/28/2023 Supplies for Maintenance $354.47
524935 06/21/2023 Supplies for Maintenance $259.99
4514075 06/27/2023 Supplies for Maintenance $155.75
2525805 06/29/2023 Supplies for Maintenance $173.73
524936 06/21/2023 Supplies for Maintenance $53.80
534596 06/21/2023 Supplies for Maintenance $210.40
974183 06/21/2023 Supplies for Maintenance $316.67
9514315 06/22/2023 Supplies for Maintenance $299.51
9525034 06/22/2023 Supplies for Maintenance $96.44
6013827 07/20/2023 Supplies for Maintenance $306.33
149132 07/27/2023 Open Accounts Payable INDEPENDENT CITIES RISK
MANAGEMENT AUTHORITY
$1,312,852.00
Invoice Date Description Amount
4322 07/27/2023 FY 2023-2024 ICRMA Program Fees $1,308,207.00 4321 07/27/2023 Property Insurance Appraisal FY22-23 $4,645.00 149133 07/27/2023 Open Accounts Payable KUPKA, GERALD $372.55 Invoice Date Description Amount
08012023 07/20/2023 PERS Healthcare Charge $372.55
149134 07/27/2023 Open Accounts Payable LOOMIS ARMORED US, LLC $958.30 Invoice Date Description Amount
13276759 07/01/2023 Armored Services $958.30
149135 07/27/2023 Open Accounts Payable NAPA AUTO PARTS, INC. $108.56 Invoice Date Description Amount
5018-535160 06/20/2023 Credit: Invoice Reference 5018-523331 ($50.01) 523331 04/06/2023 Parts & Supplies for Vehicle Maint./Repairs $65.22 user: Anna Mosqueda AP Pages: 7 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 28 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
5018-535169 06/20/2023 Parts & Supplies for Vehicle Maint./Repairs $93.35 149136 07/27/2023 Open Accounts Payable NETFILE, INC. $500.00 Invoice Date Description Amount
8730 07/05/2023 Annual Subscription - 07/01/23-06/30/24 $500.00 149137 07/27/2023 Open Accounts Payable NEXTREQUEST CO. $10,788.00 Invoice Date Description Amount
28364 07/01/2023 Annual Subscription 07/01/23-06/30/24 $10,788.00 149138 07/27/2023 Open Accounts Payable ROW TRAFFIC SAFETY, INC. $1,086.23 Invoice Date Description Amount
17744 03/14/2023 Supplies for Street Sign Replacements $1,086.23 149139 07/27/2023 Open Accounts Payable SAN BERNARDINO COUNTY
SHERIFF-CORONER DEPARTMENT
$586,651.00
Invoice Date Description Amount
23408 07/17/2023 Monthly Law Enforcement Service - July 2023 $586,651.00 149140 07/27/2023 Open Accounts Payable STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE
$663.00
Invoice Date Description Amount
658604 06/05/2023 May 2023 Services $49.00
665328 06/29/2023 June 2023 Services $614.00
149141 07/27/2023 Open Accounts Payable STONESIFER, JACK $510.30 Invoice Date Description Amount
07012023 07/10/2023 Healthcare Reimbursement - 04/01/23-06/30/23 $510.30 149142 07/27/2023 Open Accounts Payable T.R. HOLLIMAN AND ASSOCIATES, INC
$20,000.00
Invoice Date Description Amount
AR.ADL 2023.06 06/29/2023 Professional Services Rendered - June 2023 $20,000.00 149143 07/27/2023 Open Accounts Payable VCA MESA ANIMAL HOSPITAL $789.98 Invoice Date Description Amount
5616608070 06/07/2023 Normal Hours Emergency Vet Tx $204.43 5616607827 06/01/2023 Normal Hours Emergency Vet Tx $66.02 5616608080 06/07/2023 Normal Hours Emergency Vet Tx $73.21 5616608071 06/07/2023 Normal Hours Emergency Vet Tx $25.54 5616608043 06/07/2023 Normal Hours Emergency Vet Tx $35.00 5616608083 06/07/2023 Normal Hours Emergency Vet Tx $25.54 5616608255 06/12/2023 Normal Hours Emergency Vet Tx $25.54 5616608341 06/14/2023 Normal Hours Emergency Vet Tx $89.46 5616608451 06/16/2023 Normal Hours Emergency Vet Tx $25.54 5616608586 06/20/2023 Normal Hours Emergency Vet Tx $25.54 5616608897 06/28/2023 Normal Hours Emergency Vet Tx $168.62 5616608914 06/28/2023 Normal Hours Emergency Vet Tx $25.54 149144 07/27/2023 Open Accounts Payable VERIZON WIRELESS $8,714.39 Invoice Date Description Amount
9939334709 06/29/2023 Phone Service from 06/11/23-07/10/23 Acct #642072690-00001
$8,714.39
user: Anna Mosqueda AP Pages: 8 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 29 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149145 07/27/2023 Open Accounts Payable VULCAN $762.55
Invoice Date Description Amount
73700501 07/26/2023 Cold Mix Asphalt used on City Streets Maint. $130.49 73700502 07/26/2023 Cold Mix Asphalt used on City Streets Maint. $493.28 73700503 07/26/2023 Cold Mix Asphalt used on City Streets Maint. $138.78 149146 07/27/2023 Open Accounts Payable WAPPLER, DONALD $99.00 Invoice Date Description Amount
07012023 07/10/2023 Healthcare Reimbursement - 04/01/23-06/30/23 $99.00 149147 07/27/2023 Open Accounts Payable WELLS FARGO FINANCIAL LEASING, INC.
$2,985.77
Invoice Date Description Amount
5025723104 07/26/2023 Lease: Coverage Period 06/27/23-07/26/23 $2,985.77 149148 07/27/2023 Open Accounts Payable WILLIAMS, CHARLES $295.08 Invoice Date Description Amount
08012023 07/20/2023 PERS Healthcare Charge $295.08
149149 07/27/2023 Open Utility Management
Refund
CHEW, DEBBIE $156.74
Account Type Account Number Description Transaction Date Transaction Type R2N 20215104-002 DEPOSIT REFUND FOR
CLOSED ACCOUNT
07/24/2023 MISC
149150 07/27/2023 Open Utility Management
Refund
DELUNA, RUBEN $361.50
Account Type Account Number Description Transaction Date Transaction Type R1NG 12007412-005 DEPOSIT REFUND FOR
CLOSED ACCT
07/24/2023 MISC
149151 07/27/2023 Open Utility Management
Refund
HINOSTROZA, ASUNCION $138.85
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 70007544-006 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
07/24/2023 MISC
149152 07/27/2023 Open Utility Management
Refund
RAMIREZ, MARIA R $236.79
Account Type Account Number Description Transaction Date Transaction Type LINOD 30006112-003 DEPOSIT REFUND FOR
EXCELLENT PAYMENT
HISTORY FOR 12
CONSECUTIVE MONTHS
07/26/2023 REFUND ADJUSTMENT
149153 07/27/2023 Open Utility Management
Refund
TRIMBLE, VALARIE $188.76
Account Type Account Number Description Transaction Date Transaction Type R1NG 11014159-001 DEPOSIT REFUND FOR
CLOSED ACCOUNT
07/27/2023 MISC
149154 07/27/2023 Open Utility Management
Refund
WHITE, DARON $235.05
Account Type Account Number Description Transaction Date Transaction Type R1NG 40003127-004 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
07/24/2023 MISC
user: Anna Mosqueda AP Pages: 9 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 30 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149155 08/03/2023 Open Utility Management
Refund
HANSEN, DARIEN $204.64
Account Type Account Number Description Transaction Date Transaction Type R1NG 20018751-003 DEPOSIT REFUND FOR A
CLOSED ACCOUNT
08/02/2023 MISC
149156 08/03/2023 Open Utility Management
Refund
HASTEN, ABENA $224.39
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 12003227-003 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
08/01/2023 MISC
149157 08/03/2023 Open Utility Management
Refund
HERNANDEZ, BRISA $192.39
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 50006091-002 DEPOSIT REFUND FOR A
CLOSED ACCOUNT
08/02/2023 MISC
149158 08/03/2023 Open Utility Management
Refund
HUIZAR, NICOLAS $23.60
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 50005034-001 DEPOSIT REFUND FOR A
CLOSED ACCOUNT
08/02/2023 MISC
149159 08/03/2023 Open Utility Management
Refund
RODRIGUEZ, MARTIN $274.09
Account Type Account Number Description Transaction Date Transaction Type R1NG 00003421-004 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
07/27/2023 LOW INCOME EXEMPTION
149160 08/03/2023 Open Utility Management
Refund
ZHAO, YI $65.03
Account Type Account Number Description Transaction Date Transaction Type R1NG 20016887-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
08/01/2023 MISC
149161 08/03/2023 Open Accounts Payable ADVANCED APPLIED ENGINEERING, INC dba I.E.
$293,980.95
Invoice Date Description Amount
28553 05/31/2023 1000.10 Prep of CEQA Documentation of Housing Element
$150.00
28554 05/31/2023 1000.13 Assumption & Completion of the 6th Cycle Housing Element
$13,090.50
28571 05/31/2023 1000.14 Stop Warrant Study at Air Expressway & Steven St
$7,740.00
28526 05/31/2023 1000.02 Planning Support Services - May 2023 $56,250.00 28548 05/31/2023 1000.01 Engineering Services - MAY 2023 $71,502.00 28529 05/31/2023 1000.03 B&S Support Services - May 2023 $54,300.00 28549 05/31/2023 1000.01 Engineering Services - May 2023 - OT $7,232.00 28540 05/31/2023 1000.03 Engineering Plan Check Support - May 2023 $57,550.14 28592 05/31/2023 1000.12 Firestation No.322 - May 2023 $4,000.00 28558 05/31/2023 1000.12 Firestation No.322 - May 2023 $3,860.48 28534 05/31/2023 1000.03 B&S Plan Checking Support Services - May 2023
$18,305.83
user: Anna Mosqueda AP Pages: 10 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 31 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149162 08/03/2023 Open Accounts Payable AMERICAN LEGAL PUBLISHING
CORPORATION
$1,573.40
Invoice Date Description Amount
26897 07/26/2023 2023 S-44 Supplement Pages $1,191.52
26907 07/25/2023 2023 S-44 Folio/Internet Supplement Pages $120.88 27052 07/31/2023 Municipal Code with Binder, Custom Tabs $261.00 149163 08/03/2023 Open Accounts Payable AQUA METRIC SALES $2,941.90 Invoice Date Description Amount
INV0095788 07/06/2023 1 1/2" OMNI R2 REG TR/PL $2,941.90 149164 08/03/2023 Open Accounts Payable AUTOMATED WATER TREATMENT $5,237.54 Invoice Date Description Amount
1267 07/24/2023 Calcium Hypochlorite Tablets $5,237.54
149165 08/03/2023 Open Accounts Payable AVCO DISPOSAL, INC. $3,943.60 Invoice Date Description Amount
N064707867 08/01/2023 19101 Jonathan St - August 2023 $572.42 N064707684 08/01/2023 11600 Air Expressway - August 2023 $1,399.38 N064698912 07/01/2023 19101 Jonathan St - July 2023 $572.42 N064698861 07/01/2023 11600 Air Expressway - July 2023 $1,399.38 149166 08/03/2023 Open Accounts Payable BURKE, WILLIAMS & SORENSEN, LLP
$111,032.64
Invoice Date Description Amount
304732 07/19/2023 Professional Services Rendered through June 2023 $111,032.64 149167 08/03/2023 Open Accounts Payable CALIFORNIA INTERNET LP $599.00 Invoice Date Description Amount
BD0154164 08/01/2023 Internet Services - August 2023 $599.00 149168 08/03/2023 Open Accounts Payable CECILIA LAURSEN $77.95 Invoice Date Description Amount
07252023 07/31/2023 New World ERP User Group Meeting in Norco, CA $77.95 149169 08/03/2023 Open Accounts Payable CLA-VAL $12,597.61 Invoice Date Description Amount
871843 07/02/2023 Supplies for Maintenance $1,172.50
871844 07/02/2023 Supplies for Maintenance $11,425.11
149170 08/03/2023 Open Accounts Payable CORE & MAIN LP $3,502.92 Invoice Date Description Amount
T187420 07/14/2023 Supplies for Maintenance $84.05
T184633 07/13/2023 Supplies for Maintenance $32.97
T036127 07/07/2023 Supplies for Maintenance $1,949.35
T121220 07/02/2023 Supplies for Maintenance $1,436.55
149171 08/03/2023 Open Accounts Payable COUNTY OF SAN BERNARDINO (RECORDER)
$60.00
Invoice Date Description Amount
23-162489 07/25/2023 County Recording Fees - July 2023 $20.00 23-152152 07/12/2023 County Recording Fees - July 2023 $40.00 149172 08/03/2023 Open Accounts Payable DEWEY PEST CONTROL, INC. $475.00 Invoice Date Description Amount
16073180 08/01/2023 Pest Control Services for Sheriff Station - August 2023 $36.00 user: Anna Mosqueda AP Pages: 11 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 32 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
16065166 08/01/2023 Pest Control Services for Sheriff Station - August 2023 $65.00 16066683 08/01/2023 Pest Control Services for Senior Center - August 2023 $135.00 16064731 08/01/2023 Pest Control Services for City Hall - August 2023 $239.00 149173 08/03/2023 Open Accounts Payable EXECUTIVE ELEVATOR, INC. $772.00 Invoice Date Description Amount
102279 08/01/2023 Monthly Elevator Maint. for Sheriffs Station - August 2023
$161.00
101926 07/01/2023 Monthly Elevator Maint. for Sheriffs Station - July 2023 $161.00 101928 07/01/2023 1st Qtr. Elevator Maint. at City Hall - July-September 2023
$450.00
149174 08/03/2023 Open Accounts Payable FEDERAL EXPRESS $145.51 Invoice Date Description Amount
8-199-41514 07/21/2023 FedEx Services $145.51
149175 08/03/2023 Open Accounts Payable FRONTIER $375.78 Invoice Date Description Amount
052692-5-072523 07/25/2023 760-246-9782-052692-5 Service from 07/25/23- 08/24/23
$375.78
149176 08/03/2023 Open Accounts Payable GA OSBORNE PIPE & SUPPLY INC. $1,384.38 Invoice Date Description Amount
101-61087-01 07/02/2023 Supplies for Maintenance for Water Dept. $442.94 101-61364-01 07/18/2023 Supplies for Maintenance for Water Dept. $941.44 149177 08/03/2023 Open Accounts Payable HADRONEX INC $224.00 Invoice Date Description Amount
26138 07/01/2023 Service Location: Pearmain South of Air Exwy $224.00 149178 08/03/2023 Open Accounts Payable HIGH DESERT LOCK & SAFE, INC. $574.95 Invoice Date Description Amount
0000135462 07/19/2023 Padlocks $574.95
149179 08/03/2023 Open Accounts Payable HIGH DESERT UNDERGROUND, INC.
$38,651.54
Invoice Date Description Amount
J2023-06-22 07/19/2023 9780 Rancho/Koala Rd - Emergency Fire Svcs & Cross Replacement
$38,651.54
149180 08/03/2023 Open Accounts Payable INFOSEND $6,566.09 Invoice Date Description Amount
243789 07/19/2023 Utility Billing Statements-Processing/Postage $413.19 242968 07/19/2023 Utility Billing Statements-Processing/Postage $1,427.76 244764 07/31/2023 Utility Billing Statements-Processing/Postage $4,725.14 149181 08/03/2023 Open Accounts Payable KELLEY'S UNDERGROUND CONSTRUCTION, INC, Jennifer
Kelley
$3,656.00
Invoice Date Description Amount
2987 07/11/2023 Service Line Replacement - 18125 Poinciana Rd $3,656.00 149182 08/03/2023 Open Accounts Payable KERNS INC A CALIFORNIA
COROPORATION
$20,323.82
Invoice Date Description Amount
1336 06/29/2023 Valve Replacement $20,323.82
user: Anna Mosqueda AP Pages: 12 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 33 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149183 08/03/2023 Open Accounts Payable LAN WAN ENTERPRISES INC $30,255.00 Invoice Date Description Amount
74287 07/02/2023 Monthly Recurring Add-ons $2,857.00
74255 07/02/2023 IT Services $27,398.00
149184 08/03/2023 Open Accounts Payable LAYNE CHRISTENSEN COMPANY $11,738.31 Invoice Date Description Amount
2522909 07/31/2023 Service Call to Treatment Plant $677.25 2522904 07/31/2023 Replace Wire Run From MCC to J-Box - Startup & Test
$11,061.06
149185 08/03/2023 Open Accounts Payable MARY MANZO $1,698.50 Invoice Date Description Amount
113 07/31/2023 Janitorial Services: 07/16/23-07/31/23 $1,698.50 149186 08/03/2023 Open Accounts Payable MCCALLS METERS INC. $2,422.75 Invoice Date Description Amount
35778 07/02/2023 Supplies for Maintenance for Water Dept. $2,422.75 149187 08/03/2023 Open Accounts Payable MOBILE OCCUPATIONAL SERVICES, INC.
$65.00
Invoice Date Description Amount
95080 07/31/2023 DOT/Query - Ramirez / Mendoza $65.00
149188 08/03/2023 Open Accounts Payable MOJAVE BASIN AREA
WATERMASTER
$6,731.45
Invoice Date Description Amount
44599 07/01/2023 3rd Quarter - April 1-June 30, 2023 $6,731.45 149189 08/03/2023 Open Accounts Payable MOJAVE DESERT & MOUNTAIN
INTEGRATED WASTE JPA
$8,605.00
Invoice Date Description Amount
1795 07/05/2023 JPA Member Contributions Qtr. Ending 09/30/2023 $8,605.00 149190 08/03/2023 Open Accounts Payable MOJAVE WATER AGENCY $24,900.00 Invoice Date Description Amount
07112023 07/11/2023 Billing Period - 05/31/23-06/30/23 $24,900.00 149191 08/03/2023 Open Accounts Payable OLIN CORP-CHLOR ALKALI $25,792.75 Invoice Date Description Amount
900301871 07/25/2023 Sodium Hypochlorite Baticide $12,786.77 900271493 07/02/2023 Sodium Hypochlorite Baticide $13,005.98 149192 08/03/2023 Open Accounts Payable POLYDYNE, INC. $8,178.23 Invoice Date Description Amount
1758700 07/27/2023 Clarifloc WE-1296 $8,178.23
149193 08/03/2023 Open Accounts Payable SHRED-IT USA LLC $142.60 Invoice Date Description Amount
8004310755 07/18/2023 Shredding Services - June 2023 $142.60 149194 08/03/2023 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $13,302.19 Invoice Date Description Amount
4871-07252023 07/25/2023 Acct. 8000007108 11600 Air Expressway $117.58 2784-07252023 07/25/2023 Acct. 8001612945 11600 Air Expressway $3,182.68 8169-07242023 07/24/2023 Acct. 8000817366 12000 Stadium Rd LTG $1,624.15 5495-07242023 07/24/2023 Acct. 8004705272 11780 Air Expressway BS 2 & 3 $6,532.08 user: Anna Mosqueda AP Pages: 13 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 34 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
8827-07242023 07/24/2023 Acct. 8000822858 11613 Bartlett Ave. $1,845.70 149195 08/03/2023 Open Accounts Payable STAPLES ADVANTAGE $3,419.88 Invoice Date Description Amount
3543763151 07/27/2023 Water - Ink Canon $14.44
3543763150 07/26/2023 Copy Paper for all City Departments $3,405.44 149196 08/03/2023 Open Accounts Payable STATE CONTROLLER'S OFFICE $195.18 Invoice Date Description Amount
FTB-00005740 07/01/2023 2022 Offset Program Fees $195.18 149197 08/03/2023 Open Accounts Payable SWIFTCOMPLY US OPCO, INC $4,780.00 Invoice Date Description Amount
INV-9221 08/01/2023 Backflow - 09/01/23-08/31/24 $4,780.00 149198 08/03/2023 Open Accounts Payable UNDERGROUND SERVICE ALERT $489.28 Invoice Date Description Amount
23-240073 08/01/2023 California State Fee for Regulatory Costs $85.96 720230003 08/01/2023 New Ticket Charges $188.50
22-2304413 07/02/2023 California State Fee for Regulatory Costs $47.32 620230003 07/02/2023 New Ticket Charges $167.50
149199 08/03/2023 Open Accounts Payable UNITED RENTALS NORTHWEST, INC.
$1,100.59
Invoice Date Description Amount
221487178-001 07/01/2023 Forklift Variable Reach $1,100.59 149200 08/03/2023 Open Accounts Payable VERTECH INDUSTRIAL SYSTEMS, LLC
$7,294.54
Invoice Date Description Amount
P230166.00-13890 07/28/2023 Adelanto Service Contract 2023 $4,954.02 P230166.00-13772 07/30/2023 Adelanto Service Contract 2023 $2,340.52 149201 08/03/2023 Open Accounts Payable WESTECH $7,419.67 Invoice Date Description Amount
91599 07/02/2023 Supplies for Maintenance for WWTP $7,419.67 149202 08/03/2023 Open Accounts Payable WESTERN ALV $544.00 Invoice Date Description Amount
18826 07/07/2023 Service Call for Cameras & Audio Eqpt. in the Council Chambers
$544.00
149203 08/09/2023 Open Utility Management
Refund
ARTEAGA, ALFONSO $178.64
Account Type Account Number Description Transaction Date Transaction Type R1NG 00013151-002 DEPOSIT REFUND FOR
CLOSED ACCOUNT -
CHECK REISSUE
08/08/2023 REFUND ADJUSTMENT
149204 08/09/2023 Open Utility Management
Refund
BRECKENRIDGE PROPERTY FUND
2016, LLC
$436.37
Account Type Account Number Description Transaction Date Transaction Type R1NG 70007759-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
08/07/2023 MISC
user: Anna Mosqueda AP Pages: 14 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 35 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149205 08/09/2023 Open Utility Management
Refund
CASTILLO, HUGO $195.39
Account Type Account Number Description Transaction Date Transaction Type R2N 20215577-002 DEPOSIT REFUND FOR
EXCELLENT PAYMENT
HISTORY - CHECK REISSUE
08/08/2023 REFUND ADJUSTMENT
149206 08/09/2023 Open Utility Management
Refund
ELNABBOUT, NOUHA $393.62
Account Type Account Number Description Transaction Date Transaction Type R1NG 50006385-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
08/09/2023 MISC
149207 08/09/2023 Open Utility Management
Refund
ESPINDOLA, LUIS $107.65
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 11002056-004 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
08/07/2023 MISC
149208 08/09/2023 Open Utility Management
Refund
HALPERN, LANCE $93.40
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 40011878-004 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
08/09/2023 MISC
149209 08/09/2023 Open Utility Management
Refund
REMLEY, MYCHAL $143.03
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 40007581-003 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
08/09/2023 MISC
149210 08/09/2023 Open Utility Management
Refund
SCHOLTZ, TAMI $179.89
Account Type Account Number Description Transaction Date Transaction Type R1NG 00004597-005 DEPOSIT REFUND FOR
CLOSED ACCOUNT
08/07/2023 MISC
149211 08/09/2023 Open Accounts Payable FLYERS ENERGY LLC. $4,143.93 Invoice Date Description Amount
23-879273 08/20/2023 Carb Dyed Diesel $4,143.93
149212 08/09/2023 Open Accounts Payable AAA TIRE SHOP $5,876.76 Invoice Date Description Amount
343 07/26/2023 Vehicle Maintenance $337.01
342 07/26/2023 Vehicle Maintenance - Repair Tire $35.00 339 07/20/2023 Vehicle Maintenance $1,879.16
310 07/19/2023 Vehicle Maintenance - Street Sweeper $125.00 340 07/26/2023 Vehicle Maintenance $1,086.74
341 07/26/2023 Vehicle Maintenance $2,413.85
149213 08/09/2023 Open Accounts Payable ANGEL ROCK & SAND $795.20 Invoice Date Description Amount
32936 07/19/2023 Concrete Mixer Rental $265.07
32931 07/12/2023 Concrete Mixer Rental $530.13
user: Anna Mosqueda AP Pages: 15 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 36 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149214 08/09/2023 Open Accounts Payable CINTAS CORP #150 $897.23 Invoice Date Description Amount
4162722759 07/26/2023 Weekly Mat and Uniform Service - July 2023 $171.97 4162102231 07/19/2023 Weekly Mat and Uniform Service - July 2023 $199.84 1904115358 07/13/2023 Supplies $258.38
4161379147 07/12/2023 Weekly Mat and Uniform Service - July 2023 $170.21 4160600423 07/05/2023 Weekly Mat and Uniform Service - July 2023 $96.83 149215 08/09/2023 Open Accounts Payable DAILY PRESS/DESERT DISPATCH $3,390.46 Invoice Date Description Amount
0005746453 08/09/2023 Public Notice Hearing - July 2023 $1,978.90 0005674844 06/29/2023 Public Notice Hearing - June 2023 $1,411.56 149216 08/09/2023 Open Accounts Payable DSD-DISTRIBUTED SOLAR
DEVELOPMENT, LLC
$48,036.66
Invoice Date Description Amount
DSD002528 08/04/2023 Consolidated Net Generation - July 2023 $48,036.66 149217 08/09/2023 Open Accounts Payable EDWARD S. RAYA $4,120.00 Invoice Date Description Amount
08022023 08/02/2023 Professional HR Services Rendered through July 2023 $4,120.00 149218 08/09/2023 Open Accounts Payable FERGUSON ENTERPRISES, INC. $129.35 Invoice Date Description Amount
4059240 07/24/2023 Supplies for Maintenance for City Hall $88.06 2748629 07/17/2023 Supplies for for Richardson Park $41.29 149219 08/09/2023 Open Accounts Payable GA OSBORNE PIPE & SUPPLY INC. $493.33 Invoice Date Description Amount
101-40313 07/03/2023 Pop Up Rotor for Parks $493.33
149220 08/09/2023 Open Accounts Payable HDL COMPANIES-HINDERLITER,
DE LLAMAS & ASSOCIATES
$1,287.49
Invoice Date Description Amount
SIN023516 12/09/2022 Contract & Audit Services - Sales Tax Oct. - Q2/2022 Dec. 2022
$1,287.49
149221 08/09/2023 Open Accounts Payable HDL COREN & CONE $2,700.00 Invoice Date Description Amount
SIN030063 07/27/2023 Contract Services Property Tax: July-September 2023 $2,700.00 149222 08/09/2023 Open Accounts Payable HESPERIA OUTDOOR EQUIPMENT $82.94 Invoice Date Description Amount
130973 07/06/2023 Supplies for Maintenance for Parks $82.94 149223 08/09/2023 Open Accounts Payable HI DESERT ALARM $63.00 Invoice Date Description Amount
R95088 07/01/2023 Sheriff Station - Burglar Alarm Monitoring - 06/01/23- 08/31/23
$63.00
149224 08/09/2023 Open Accounts Payable HOME DEPOT CREDIT SERVICES $260.59 Invoice Date Description Amount
1510036 07/10/2023 Jag Grant: Supplies for Maintenance at Sheriffs Station $260.59 user: Anna Mosqueda AP Pages: 16 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 37 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149225 08/09/2023 Open Accounts Payable IMPERIAL SPRINKLER SUPPLY, INC.
$678.63
Invoice Date Description Amount
0011513721-003 07/11/2023 Supplies for Maintenance for Parks $253.37 0011513721-001 08/07/2023 Supplies for Maintenance for Parks $425.26 149226 08/09/2023 Open Accounts Payable JOSE ATILIO HERNANDEZ/IDEATE
CALIFORNIA
$5,000.00
Invoice Date Description Amount
07262023 07/26/2023 Services Rendered - July 2023 $5,000.00 149227 08/09/2023 Open Accounts Payable LAN WAN ENTERPRISES INC $43,175.00 Invoice Date Description Amount
74333 07/31/2023 IT Services - August 2023 $27,398.00
74256 07/02/2023 Website & Mobile App - Hosting and Support - July 2023
$15,777.00
149228 08/09/2023 Open Accounts Payable LOCAL EQUITY LLC $10,000.00 Invoice Date Description Amount
8032023 07/20/2023 Monthly Technical Assistance - Retainer for July 2023 $10,000.00 149229 08/09/2023 Open Accounts Payable NAPA AUTO PARTS, INC. $1,603.90 Invoice Date Description Amount
5018-538943 07/14/2023 Jag Grant - Supplies for Maintenance for Sheriffs $61.95 5018-538195 07/10/2023 Jag Grant - Supplies for Maintenance for Sheriffs $1,266.37 5018-538192 07/26/2023 Supplies for Vehicle Maintenance $65.74 5018-537623 07/26/2023 Supplies for Vehicle Maintenance $100.04 5018-537482 07/26/2023 Supplies for Vehicle Maintenance $109.80 149230 08/09/2023 Open Accounts Payable PATTON SALES CORPORATION $222.54 Invoice Date Description Amount
4658454 08/03/2023 Supplies for Maintenance for Parks $222.54 149231 08/09/2023 Open Accounts Payable PERC WATER CORPORATION $283,188.35 Invoice Date Description Amount
6074 06/29/2023 WTTP Reimbursements - June 2023 $2,928.54 6075 06/29/2023 Water Reimbursements - June 2023 $35.35 6073 07/03/2023 Water Utility Services - August 2023 $75,229.83 6072 07/03/2023 WTTP Services - August 2023 $64,882.40
6035 07/02/2023 WTTP Services - July 2023 $64,882.40
6036 07/02/2023 Water Utility Services - July 2023 $75,229.83 149232 08/09/2023 Open Accounts Payable POLITICAL DYNAMICS, LLC $2,500.00 Invoice Date Description Amount
1152 08/03/2023 Professional Services Rendered through July-August 2023
$2,500.00
149233 08/09/2023 Open Accounts Payable PRECISE CONSTRUCTION
RENOVATIONS, INC
$1,470.00
Invoice Date Description Amount
23933 08/07/2023 Removed & Returned Swamp Coolers on Roof at Fire Station
$1,470.00
user: Anna Mosqueda AP Pages: 17 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 38 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149234 08/09/2023 Open Accounts Payable ROADPOST USA INC. $66.95 Invoice Date Description Amount
RU08337035 07/07/2023 Satellite Phone Service for Sheriffs Dept.-07/07/23- 08/06/23
$66.95
149235 08/09/2023 Open Accounts Payable SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT
$1,227.00
Invoice Date Description Amount
IN0175271 07/28/2023 CUPA Hazardous Materials Annual Permit- 09/01/23- 08/31/24
$1,227.00
149236 08/09/2023 Open Accounts Payable SAN BERNARDINO COUNTY
SHERIFF-CORONER DEPARTMENT
$2,634,861.37
Invoice Date Description Amount
22544 02/17/2023 Credit Memo ($7,965.54)
23034 06/01/2023 Law Enforcement Services - Increase MOU Quarterly Cost
$41,944.50
23017 05/22/2023 General Expenses/Overtime Charges - 3rd Qrt - JanMar 2023$88,797.07 23102 06/02/2023 Monthly Law Enforcement Service - June 2023 $586,834.00 23001 05/17/2023 Monthly Law Enforcement Service - May 2023 $586,834.00 22605 04/04/2023 Monthly Law Enforcement Service - April 2023 $586,834.00 22452 02/17/2023 General Expenses/Overtime Charges - 2nd Qrt - OctDec 2022$80,089.58 22542 02/17/2023 Law Enforcement Services - Increase MOU Quarterly Cost
$41,944.50
23547 08/02/2023 Monthly Law Enforcement Service - August 2023 $586,648.00 23462 07/26/2023 CAL-ID Assessment Fee - FY 23/24 $42,901.26 149237 08/09/2023 Open Accounts Payable SPARKLETTS $431.44 Invoice Date Description Amount
22733495 080423 08/04/2023 Water Delivery Services - July 2023 $300.14 22733495 070723 06/29/2023 Water Delivery Services $131.30 149238 08/09/2023 Open Accounts Payable STAPLES ADVANTAGE $87.21 Invoice Date Description Amount
3544475348 08/05/2023 Office Supplies for Water Customer Service Reps $87.21 149239 08/09/2023 Open Accounts Payable SUSAN OLMSTEAD-BOWEN, CPA $3,593.75 Invoice Date Description Amount
07312023 07/31/2023 Services Rendered Through July 2023 $3,593.75 149240 08/09/2023 Open Accounts Payable THE PUN GROUP LLP $10,000.00 Invoice Date Description Amount
113922 07/01/2023 Audit Services Rendered for Year End June 30, 2021 $10,000.00 149241 08/09/2023 Open Accounts Payable US BANK TRUST N.A. $6,791.00 Invoice Date Description Amount
6870445 08/07/2023 Improvement Project Tax Allocation Refunding Bond Serie1993B
$2,358.00
6870446 08/07/2023 Local Agency Subordinated Revenue Bonds 1995 Series
$2,158.00
6870447 08/08/2023 Local Agency Second Subordinated Revenue Bonds Series 1995-B
$2,275.00
user: Anna Mosqueda AP Pages: 18 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 39 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149242 08/09/2023 Open Accounts Payable VULCAN $1,395.69 Invoice Date Description Amount
73723202 07/28/2023 Cold Mix Asphalt used on City Streets Maint. $278.75 73704421 07/19/2023 Cold Mix Asphalt used on City Streets Maint. $483.69 73731483 08/04/2023 Cold Mix Asphalt used on City Streets Maint. $366.35 73712321 07/19/2023 Cold Mix Asphalt used on City Streets Maint. $266.90 149243 08/09/2023 Open Accounts Payable WILLDAN FINANCIAL SERVICES $12,001.92 Invoice Date Description Amount
010-55388 07/28/2023 Landscaping & Street-Lighting District Administration - FY 23/24
$4,562.44
010-55389 07/28/2023 Water & Sewer Charges District Fee - FY 23/24 $3,771.14 010-55390 08/02/2023 Community Facilities Dist. Fees - FY 23/24 $3,668.34 149244 08/09/2023 Open Accounts Payable WOOD RODGERS INC $2,587.50 Invoice Date Description Amount
171845 07/02/2023 Professional Services Rendered through June 2023 $2,587.50 Type Check Totals: 176 Transactions $6,018,358.69
04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
Checks Status Count Transaction Amount Reconciled Amount Open 176 $6,018,358.69 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 176 $6,018,358.69 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 176 $6,018,358.69 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 176 $6,018,358.69 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 176 $6,018,358.69 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 176 $6,018,358.69 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 176 $6,018,358.69 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 176 $6,018,358.69 $0.00
user: Anna Mosqueda AP Pages: 19 of 19 Wednesday, August 16, 2023 Payment Register
City of Adelanto
From Payment Date: 8/17/2001 - To Payment Date: 8/16/2023 40 ADELANTO PUBLIC UTILITY AUTHORITY
DATE: 08/23/23
Honorable Chairman and Public Utility Authority Members Adelanto Public Utility Authority
Daniel Best, Operations Manager, PERC Water
TO:
FROM:
BY:
SUBJECT: APUA MONTHLY WATER SYSTEM REPORT ‐ WATER
ATTACHMENTS:
1. APUA Monthly Water System Report – July 2023
41 Adelanto Water System
Monthly Asset Management Report
prepared for the City of Adelanto, California
42 Mr. Jessie Flores
City Manager, City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
RE: July 2023 ADELANTO WATER SYSTEM MONTHLY ASSET MANAGEMENT REPORT Dear Mr. Flores,
Please find the Adelanto Water Treatment System Monthly Asset Management Report enclosed.
The purpose of this report is to inform the City of Adelanto of its Potable Water Treatment and Distribution system’s performance this month.
Since the current performance of Adelanto's watersystem influencesthe future of the Adelanto's population, industrial and commercial growth, the health and compliance of this facility is of utmost importance to us. If you have any questions or concerns, feel free to contact Bob Nespeca, Vice President of PERC Water via his cell (714) 514‐8873 or email [email protected].
PERC Water is dedicated to the highest caliber of customer service with quality and accuracy. If you have any inquiriesregarding our services or the content of this report, please do not hesitate to contact me at (760) 518‐1606.
Thank you for entrusting the City of Adelanto's Portable Water System to PERC Water. We appreciate your business and look forward to providing you with quality management and excellent customer service.
Sincerely,
Daniel Best
Senior Area Operations Manager
PERC Water Corporation Asset
Management Division
CC: Bob Nespeca, Vice President, PERC Water Corporation Saba Engineer, Contract City Engineer, IE
17520 Newhope Street, Suite 180 Fountain Valley, CA 92708 | Office: 714.352.7750 | Fax: 714.352.7765 | www.percwater.com 43 Adelanto Water System
Monthly Asset Management Report
TABLE OF CONTENTS
Section A
CIP Report
Section B
Executive Summary
Section C
Iron & Manganese Report
Section D
Distribution System Report
Section E
Completed Work Orders
Section F
Monthly Coliform Report
Section G
Explanation of Terms and Acronyms
44 Section A
CIP Report
45 Adelanto
Water System
Capital Improvement Plan (CIP) Report
Section A CIP Report
Monthly Asset Management Report
In the past 10 years, the City of Adelanto’s population has grown by more than 25% (U.S. Census).
The City’s current water treatment system, already straining to accommodate Adelanto residents, will not supply enough water for incoming businesses and continued population growth. The following is a summary of the needed repairs and updates (Type 1 and Type 2) associated with the water system, the estimated cost and status. These repairs and updates are essential to the future of Adelanto’s water supply. Below is an updated list of the CIP items:
Type 1 CIP Items: Repairs and/or replacements for which: i) the scope of work is presently known/defined without the need for the additional engineering support; and/or ii) qualified service providers/contractors can readily be solicited to provide cost quotations to complete the required scope of work pursuant to the City’s established procurement processes.
TYPE 1 CIP Water System
PROJECT
LOCATION TYPE OF PROJECT PROJECT DESCRIPTION
ESTIMATED
COST STATUS
Water Meter
Infrastructure
Upgrade
Install upgraded
Water Meter
Infrastructure
Install AMI
Infrastructure for
remote meter reading
and leak detection
$1,750,000 Currently in the first phase
of the project
Air Expressway WaterOperations
Building
Proper and safe building
to effectively operate
water operations.
$4,000,000
Property must be
acquired by the City of
Adelanto
.75Mil Tank Replacement of
Tank
Replace undersized
.75Mil with 2.0MG
Pending
quote
City of Adelanto needs
to acquire property
near existing site
Water Supply
Well
Water Supply Drill and equip a new water
supply well
$2,000,000 Held Kickoff meeting
46 Adelanto Section A CIP Report
Water System Monthly Asset Management Report
Type 2 CIP items: CIP items for which engineering design, specification and/or permitting must be completed prior to the solicitation of bid and award of contracts.
TYPE 2 CIP
PROJECT
LOCATION TYPE OF PROJECT PROJECT DESCRIPTION ESTIMATED
COST STATUS
Booster
Station 1200
Replace electrical
switch gear,starters
and controls
Outdated and unsafe
equipment. Failure willresult
in expenses in tie‐in water.
$300,000
Engineering isreviewing
and recommends
priority in CIP list
Well 14A
Connect 14a to
Layneox Fe/Mn
treatment system
Could be necessary in order to
comply with blending permit
and run wells 4 & 5a
(depending on fluoride levels).
$40,000
Increase efficiency of
the well and water
supply
Layneox
Fe/Mn
Treatment
System
Prepare workplan
for bypass,
demolition and
replacement of
storage tanks
The tanks were inspected in
2015; repairs and recoats are
needed.
$185,000
(both
tanks)
Quote requested in
December; project to
commence after
completion of R3;
proposed work
Zone 1
Northside
Pipeline
Replacement
Replace ages
mainline, services,
hydrant, valves, etc.
The infrastructure is aged,
undersized and failing.
$4,000,000
(annually)
Need to begin
engineering
RESERVOIRS
Develop workplan
for bypass,
sandblast, recoat
750,000 gallon
reservoir
Thistank needsto be recoated
inside. Engineering of bypass
and scheduling for interior
coating.
$20,000
Requires a special
bypassto take offline
for any kind of
maintenance. Project
expected to begin 2019.
RESERVOIRS
Install mixing system
on water storage
tanks
Reservoir mixer (tank shark)
total of 5 mixers; eliminates
reduce stratification of water
storage tanks
$261,842
Quotes requested:
$41,550 for 3 Mill
$220,292 for both 5
Mills
Water
Treatment
Plant Tank
Replacement
Finished water tank
and Raw water tank
are deteriorating
Both tank need to be torn
down and replaced
$1,500,000 Need to develop a
strategic plan
Fe/Mn
Treatment
Plant
Fluoride Treatment
Treatment to reduce fluoride
to meet state standards;
increase water production
$275,000 Need to develop RFP
To move forward with any of these improvements or for questions regarding these projects, please contact Daniel Best, Water Superintendent via his direct line (760) 518‐1606 or Bob Nespeca, Vice President via his direct line (714) 514‐8873.
47 Section B
Executive Summary
48 Section B Executive Summary
Adelanto Water System Monthly Asset Management Report
Executive Summary
This month, the Adelanto Water System treated 55.636 million gallons of water. The system remained online each day of the month. Combined with the water produced from wells that run directly into the water distribution system, Adelanto produced 31.695 million gallons.
Additionally, 72.157 million gallons of water was purchased from Mojave Water Agency through the R3 project this month.
Equipment failures, changes and repairs are outlined in the CIP Report and the following sections:
Distribution System Report, Repairs
PERC Water Corporation employees made a number of repairs to existing lines and responded to customer input, as needed. Throughout the month, a total of 6 wells were online (including 8A which is a non‐potable well). There are also 8 reservoirs and 8 booster pumps currently in service.
Facility Staffing
Sr. Area Operations Manager Lead Water Operator
Water Production and Usage
This month’s water production and usage is summarized in the tables below. All samples were in compliance with the quality standards set forth in our operating contract and permit. **Please note: ND = non detect; the lab sample had so little of the constituent being tested the instrumentation could not detect it.**
Water Production and Usage Amount
Treated Potable Water (runs
through treatment system)
55.636 MG
Intertie Water Accepted 72.157 MG
Total Water Produced –
Potable from ALL sources
159.488 MG
Well 8a – Non Potable 0 MG
Potable Wells in Service 6
Reservoirs in Service 8
Booster Pumps in Service 8
Compliance Sampling
Monthly Averages (mg/l)
Fluoride 0.44
Arsenic ND
Iron ND
Manganese ND
49 Section B Executive Summary
Adelanto Water System Monthly Asset Management Report
Water Distribution
This month’s water distribution system activities are summarized in the tables below.
Description Quantity
Meter Changeout 21
Backflow Letters Sent 98
City Backflows Tested 1
City Backflows Repaired 1
After Hours Calls 8
Power/Comm 0
Security 0
Treatment/Wells/Booster 0
Mainline leaks 0
Service line leaks 1
Customer side leaks 0
Fire Hydrants Damaged 0
Fire Hydrants Repaired 0
Fire Hydrants Flushed 21
Dig Alert/811 263
Tract Meter Sets 15
Angle stop repair 6
Billing and Customer Service
Due to the updated New World system, work orders cannot currently be generated by type.
Therefore, this section of the executive summary will show total completed customer service work orders completed by PERC Water staff.
Completed work order total for June: 207
For inquiries regarding specific work orders, please contact Daniel Best at (760) 518‐1606. 50 Section C
Iron & Manganese Report
51 Section C Iron & Manganese Report
Adelanto Water System Monthly Asset Management Report
Iron and Manganese (I & M) Treatment Plant Activity Summary During the month of June, state certified treatment operations staff operated the Iron and Manganese treatment plant. Detailed information regarding the operation is below:
The Adelanto water treatment plant treated 55.636 million gallons of raw water. All effluent samples from the I & M plant were within operational guidelines for Iron and Manganese.
Weekly samples were collected and sent to a certified laboratory. Daily grab samples were analyzed for:
o Iron
o Manganese
o Chlorine residual (compared to online chlorine sensor) o Turbidity
Current Issues with the Iron and Manganese (I & M) System These issues need to be given priority as they are essential to water system function and water quality.
The chlorine storage tanks need to be replaced as chlorine in liquid form degenerates rapidly
Both raw and finished water tanks have been inspected and are both severely corroded and need to be replaced.
1200 Booster #1 switchgear is not to code and needs to be replaced. 52 City of Adelanto Adelanto Iron and Manganese Filtration Plant System Number 3610001
Operated by: PERC Water
Date Online/Offline
Free CL2
Residual
(Daily)
Turbidity,
NTU (Daily)
Treated
Water
Reservoir
CL2
Iron, ug/L
(Weekly)
Manganese
ug/L
(Weekly)
Total
Coliforms
(Monthly)
HPC
(Monthly)
7/1/2023 Online 0.03 0.09 1.727/2/2023 Online 0.04 0.09 1.847/3/2023 Online 0.02 0.13 1.82 ND ND Absent <17/4/2023 Online 0.04 0.09 1.857/5/2023 Online 0.04 0.10 1.747/6/2023 Online 0.06 0.09 1.747/7/2023 Online 0.25 0.12 1.777/8/2023 Online 0.10 0.10 1.777/9/2023 Online 0.05 0.12 1.74 7/10/2023 Online 0.07 0.09 1.667/11/2023 Online 0.04 0.09 1.72 ND ND Absent <17/12/2023 Online 0.09 0.10 1.587/13/2023 Online 0.06 0.13 1.607/14/2023 Online 0.04 0.08 1.637/15/2023 Online 0.09 0.12 1.597/16/2023 Online 0.05 0.08 1.467/17/2023 Online 0.06 0.18 1.397/18/2023 Online 0.08 0.14 1.59 ND ND Absent <17/19/2023 Online 0.06 0.09 1.547/20/2023 Online 0.06 0.08 1.617/21/2023 Online 0.04 0.08 1.607/22/2023 Online 0.06 0.11 1.717/23/2023 Online 0.14 0.09 1.607/24/2023 Online 0.02 0.06 1.507/25/2023 Online 0.06 0.05 1.73 ND ND Absent <17/26/2023 Online 0.02 0.06 1.087/27/2023 Online 0.03 0.06 1.427/28/2023 Online 0.04 0.07 1.137/29/2023 Online 0.04 0.05 1.507/30/2023 Online 0.07 0.09 1.647/31/2023 Online 0.03 0.07 1.83 Notes
53 City of Adelanto Adelanto Iron and Manganese Filtration Plant System Number 3610001
Operated by: PERC Water
WELL 1G 361001‐016 3‐Jul‐23 OFFLINE
3G2 361001‐021 3‐Jul‐23 Online ND ND Absent 1
4G 361001‐013 3‐Jul‐23 Online ND ND Absent <1
8G2 361001‐022 3‐Jul‐23 Online ND 790 Absent 1
Total Coliforms
(P or A) Location HPC Comments Primary Station Code Date Status (Online/Offline) Iron, ug/L Manganese, ug/L 54 Section D
Distribution System Report
55 State of California -- State Water Resources Control Board Division of Drinking Water Programs Water System Name: City of Adelanto System N 360001 Month/Year: Jul-23 Facility Name: 0.75 Mil Reservoir Blending Facility Constituent Blended: Fluoride MCL 2 mg/L Quantity of
Water (gpd)
Conc.
(mg/L) A X B = Quantity of Water (gpd) Conc. (mg/L) D X E = Quantity of Water (gpd) Conc. (mg/L) G X H = Quantity of Water (gpd) Conc. (mg/L) J X K = C+F+I+L= A+D+G+J=
A B C D E FG H I J K L M N
1 0 0.00 0 762,000 0.52 396,240 0 0.00 0 3,221,390 0.44 1,417,412 1,813,652 3,983,390 0.4552 0 0.00 0 493,000 0.52 256,360 0 0.00 0 3,670,588 0.44 1,615,059 1,871,419 4,163,588 0.4493 0 0.00 0 701,000 0.52 364,520 0 0.00 0 3,336,898 0.44 1,468,235 1,832,755 4,037,898 0.454 0.474 0 0.00 0 709,000 0.52 368,680 0 0.00 0 3,067,380 0.44 1,349,647 1,718,327 3,776,380 0.4555 0 0.00 0 682,000 0.52 354,640 0 0.00 0 3,028,877 0.44 1,332,706 1,687,346 3,710,877 0.4556 0 0.00 0 755,000 0.52 392,600 0 0.00 0 3,298,396 0.44 1,451,294 1,843,894 4,053,396 0.4557 0 0.00 0 657,000 0.52 341,640 0 0.00 0 2,990,374 0.44 1,315,765 1,657,405 3,647,374 0.4548 0 0.00 0 643,000 0.52 334,360 0 0.00 0 2,797,861 0.44 1,231,059 1,565,419 3,440,861 0.4559 0 0.00 0 742,000 0.52 385,840 0 0.00 0 3,234,225 0.44 1,423,059 1,808,899 3,976,225 0.455 10 0 0.00 0 673,000 0.52 349,960 0 0.00 0 2,669,519 0.44 1,174,588 1,524,548 3,342,519 0.45611 0 0.00 0 618,000 0.52 321,360 0 0.00 0 2,874,866 0.44 1,264,941 1,586,301 3,492,866 0.454 0.4412 0 0.00 0 696,000 0.52 361,920 0 0.00 0 2,836,364 0.44 1,248,000 1,609,920 3,532,364 0.45613 0 0.00 0 665,000 0.52 345,800 0 0.00 0 3,298,396 0.44 1,219,765 1,565,565 3,963,396 0.39514 0 0.00 0 709,000 0.52 368,680 0 0.00 0 2,772,193 0.44 1,168,941 1,537,621 3,481,193 0.44215 0 0.00 0 644,000 0.52 334,880 0 0.00 0 2,656,684 0.44 1,372,235 1,707,115 3,300,684 0.51716 0 0.00 0 724,000 0.52 376,480 0 0.00 0 3,118,717 0.44 1,411,765 1,788,245 3,842,717 0.46517 0 0.00 0 737,000 0.52 383,240 0 0.00 0 3,208,556 0.44 1,140,706 1,523,946 3,945,556 0.38618 0 0.00 0 587,000 0.52 305,240 0 0.00 0 2,592,513 0.44 1,197,176 1,502,416 3,179,513 0.473 0.4419 0 0.00 0 705,000 0.52 366,600 0 0.00 0 2,720,856 0.44 1,440,000 1,806,600 3,425,856 0.52720 0 0.00 0 879,000 0.52 457,080 0 0.00 0 3,272,727 0.44 852,706 1,309,786 4,151,727 0.31521 0 0.00 0 395,000 0.52 205,400 0 0.00 0 1,937,968 0.44 1,214,118 1,419,518 2,332,968 0.60822 0 0.00 0 741,000 0.52 385,320 0 0.00 0 2,759,358 0.44 1,214,118 1,599,438 3,500,358 0.45723 0 0.00 0 841,000 0.52 437,320 0 0.00 0 3,439,572 0.44 1,513,412 1,950,732 4,280,572 0.45624 0 0.00 0 657,000 0.52 341,640 0 0.00 0 2,656,684 0.44 1,168,941 1,510,581 3,313,684 0.45625 0 0.00 0 546,000 0.52 283,920 0 0.00 0 2,810,695 0.44 1,236,706 1,520,626 3,356,695 0.453 0.4626 0 0.00 0 717,000 0.52 372,840 0 0.00 0 3,234,225 0.44 1,423,059 1,795,899 3,951,225 0.45527 0 0.00 0 584,000 0.52 303,680 0 0.00 0 3,272,727 0.44 1,440,000 1,743,680 3,856,727 0.45228 0 0.00 0 824,000 0.52 428,480 0 0.00 0 3,170,053 0.44 1,394,824 1,823,304 3,994,053 0.45729 0 0.00 0 674,000 0.52 350,480 0 0.00 0 2,849,198 0.44 1,253,647 1,604,127 3,523,198 0.45530 0 0.00 0 658,000 0.52 342,160 0 0.00 0 5,647,059 0.44 2,484,706 2,826,866 6,305,059 0.44831 0 0.00 0 626,000 0.52 325,520 0 0.00 0 4,992,513 0.44 2,196,706 2,522,226 5,618,513 0.449 ND = Non DetectBlank Cell = No Sample
M O N T H L Y B L E N D I N G R E C O R D
Day
Source 1: Well 4 Source 2: Well 14A Source 3: Well 5A Source 4: Treatment Plant Effluent Theoretical Concentration in Blended Water from Sources 1, 2, 3, & 4. Lab Result (mg/L) @ FRONT
PUMP
HOUSE
M N
( mg/L )
56 State of California -- State Water Resources Control Board Division of Drinking Water Programs Water System Name: City of Adelanto System No.: 360001 Month/Year: Jul-23 Facility Name: 0.75 Mil Reservoir Blending Facility Constituent Blended: Arsenic MCL 0.01 mg/L Quantity of
Water (gpd)
Conc.
(mg/L) A X B = Quantity of Water (gpd) Conc. (mg/L) D X E = Quantity of Water (gpd) Conc. (mg/L) G X H = Quantity of Water (gpd) Conc. (mg/L) J X K = C+F+I+L= A+D+G+J=
A B C D E FG H I J K L M N
1 0 0.00 0 762,000 0.00 0 0 0.00 0 3,221,390 0.00 0 0 3,983,390 0.0002 0 0.00 0 493,000 0.00 0 0 0.00 0 3,670,588 0.00 0 0 4,163,588 0.0003 0 0.00 0 701,000 0.00 0 0 0.00 0 3,336,898 0.00 0 0 4,037,898 0.000 ND4 0 0.00 0 709,000 0.00 0 0 0.00 0 3,067,380 0.00 0 0 3,776,380 0.0005 0 0.00 0 682,000 0.00 0 0 0.00 0 3,028,877 0.00 0 0 3,710,877 0.0006 0 0.00 0 755,000 0.00 0 0 0.00 0 3,298,396 0.00 0 0 4,053,396 0.0007 0 0.00 0 657,000 0.00 0 0 0.00 0 2,990,374 0.00 0 0 3,647,374 0.0008 0 0.00 0 643,000 0.00 0 0 0.00 0 2,797,861 0.00 0 0 3,440,861 0.0009 0 0.00 0 742,000 0.00 0 0 0.00 0 3,234,225 0.00 0 0 3,976,225 0.000 10 0 0.00 0 673,000 0.00 0 0 0.00 0 2,669,519 0.00 0 0 3,342,519 0.00011 0 0.00 0 618,000 0.00 0 0 0.00 0 2,874,866 0.00 0 0 3,492,866 0.000 ND12 0 0.00 0 696,000 0.00 0 0 0.00 0 2,836,364 0.00 0 0 3,532,364 0.00013 0 0.00 0 665,000 0.00 0 0 0.00 0 3,298,396 0.00 0 0 3,963,396 0.00014 0 0.00 0 709,000 0.00 0 0 0.00 0 2,772,193 0.00 0 0 3,481,193 0.00015 0 0.00 0 644,000 0.00 0 0 0.00 0 2,656,684 0.00 0 0 3,300,684 0.00016 0 0.00 0 724,000 0.00 0 0 0.00 0 3,118,717 0.00 0 0 3,842,717 0.00017 0 0.00 0 737,000 0.00 0 0 0.00 0 3,208,556 0.00 0 0 3,945,556 0.00018 0 0.00 0 587,000 0.00 0 0 0.00 0 2,592,513 0.00 0 0 3,179,513 0.000 ND19 0 0.00 0 705,000 0.00 0 0 0.00 0 2,720,856 0.00 0 0 3,425,856 0.00020 0 0.00 0 879,000 0.00 0 0 0.00 0 3,272,727 0.00 0 0 4,151,727 0.00021 0 0.00 0 395,000 0.00 0 0 0.00 0 1,937,968 0.00 0 0 2,332,968 0.00022 0 0.00 0 741,000 0.00 0 0 0.00 0 2,759,358 0.00 0 0 3,500,358 0.00023 0 0.00 0 841,000 0.00 0 0 0.00 0 3,439,572 0.00 0 0 4,280,572 0.00024 0 0.00 0 657,000 0.00 0 0 0.00 0 2,656,684 0.00 0 0 3,313,684 0.00025 0 0.00 0 546,000 0.00 0 0 0.00 0 2,810,695 0.00 0 0 3,356,695 0.000 ND26 0 0.00 0 717,000 0.00 0 0 0.00 0 3,234,225 0.00 0 0 3,951,225 0.00027 0 0.00 0 584,000 0.00 0 0 0.00 0 3,272,727 0.00 0 0 3,856,727 0.00028 0 0.00 0 824,000 0.00 0 0 0.00 0 3,170,053 0.00 0 0 3,994,053 0.00029 0 0.00 0 674,000 0.00 0 0 0.00 0 2,849,198 0.00 0 0 3,523,198 0.00030 0 0.00 0 658,000 0.00 0 0 0.00 0 5,647,059 0.00 0 0 6,305,059 0.00031 0 0.00 0 626,000 0 0 0 0.00 0 4,992,513 0.00 0 0 5,618,513 0.000 ND = Non DetectBlank Cell = No Sample
M O N T H L Y B L E N D I N G R E C O R D
Day
Source 1: Well 4 Source 2: Well 14A Source 3: Well 5A Source 4: Treatment Plant Effluent Theoretical Concentration in Blended Water from Sources 1, 2, 3, & 4.
Lab Result
(mg/L) @
FRONT
PUMP
HOUSE
M N
( mg/L )
57 State of California -- State Water Resources Control Board Division of Drinking Water Programs Water System Name: City of Adelanto System No.: 360001 Month/Year: Jul-23 Facility Name: 0.75 Mil Reservoir Blending Facility Constituent Blended: Iron MCL 0.30 mg/L Quantity of
Water (gpd)
Conc.
(mg/L) A X B = Quantity of Water (gpd) Conc. (mg/L) D X E = Quantity of Water (gpd) Conc. (mg/L) G X H = Quantity of Water (gpd) Conc. (mg/L) J X K = C+F+I+L= A+D+G+J=
A B C D E FG H I J K L M N
1 0 0.00 0 762,000 0.00 0 0 0.00 0 3,221,390 0.00 0 0 3,983,390 0.0002 0 0.00 0 493,000 0.00 0 0 0.00 0 3,670,588 0.00 0 0 4,163,588 0.0003 0 0.00 0 701,000 0.00 0 0 0.00 0 3,336,898 0.00 0 0 4,037,898 0.000 ND4 0 0.00 0 709,000 0.00 0 0 0.00 0 3,067,380 0.00 0 0 3,776,380 0.0005 0 0.00 0 682,000 0.00 0 0 0.00 0 3,028,877 0.00 0 0 3,710,877 0.0006 0 0.00 0 755,000 0.00 0 0 0.00 0 3,298,396 0.00 0 0 4,053,396 0.0007 0 0.00 0 657,000 0.00 0 0 0.00 0 2,990,374 0.00 0 0 3,647,374 0.0008 0 0.00 0 643,000 0.00 0 0 0.00 0 2,797,861 0.00 0 0 3,440,861 0.0009 0 0.00 0 742,000 0.00 0 0 0.00 0 3,234,225 0.00 0 0 3,976,225 0.000 10 0 0.00 0 673,000 0.00 0 0 0.00 0 2,669,519 0.00 0 0 3,342,519 0.00011 0 0.00 0 618,000 0.00 0 0 0.00 0 2,874,866 0.00 0 0 3,492,866 0.000 ND12 0 0.00 0 696,000 0.00 0 0 0.00 0 2,836,364 0.00 0 0 3,532,364 0.00013 0 0.00 0 665,000 0.00 0 0 0.00 0 3,298,396 0.00 0 0 3,963,396 0.00014 0 0.00 0 709,000 0.00 0 0 0.00 0 2,772,193 0.00 0 0 3,481,193 0.00015 0 0.00 0 644,000 0.00 0 0 0.00 0 2,656,684 0.00 0 0 3,300,684 0.00016 0 0.00 0 724,000 0.00 0 0 0.00 0 3,118,717 0.00 0 0 3,842,717 0.00017 0 0.00 0 737,000 0.00 0 0 0.00 0 3,208,556 0.00 0 0 3,945,556 0.00018 0 0.00 0 587,000 0.00 0 0 0.00 0 2,592,513 0.00 0 0 3,179,513 0.000 ND19 0 0.00 0 705,000 0.00 0 0 0.00 0 2,720,856 0.00 0 0 3,425,856 0.00020 0 0.00 0 879,000 0.00 0 0 0.00 0 3,272,727 0.00 0 0 4,151,727 0.00021 0 0.00 0 395,000 0.00 0 0 0.00 0 1,937,968 0.00 0 0 2,332,968 0.00022 0 0.00 0 741,000 0.00 0 0 0.00 0 2,759,358 0.00 0 0 3,500,358 0.00023 0 0.00 0 841,000 0.00 0 0 0.00 0 3,439,572 0.00 0 0 4,280,572 0.00024 0 0.00 0 657,000 0.00 0 0 0.00 0 2,656,684 0.00 0 0 3,313,684 0.00025 0 0.00 0 546,000 0.00 0 0 0.00 0 2,810,695 0.00 0 0 3,356,695 0.000 ND26 0 0.00 0 717,000 0.00 0 0 0.00 0 3,234,225 0.00 0 0 3,951,225 0.00027 0 0.00 0 584,000 0.00 0 0 0.00 0 3,272,727 0.00 0 0 3,856,727 0.00028 0 0.00 0 824,000 0.00 0 0 0.00 0 3,170,053 0.00 0 0 3,994,053 0.00029 0 0.00 0 674,000 0.00 0 0 0.00 0 2,849,198 0.00 0 0 3,523,198 0.00030 0 0.00 0 658,000 0.00 0 0 0.00 0 5,647,059 0.00 0 0 6,305,059 0.00031 0 0.00 0 626,000 0.00 0 0 0.00 0 4,992,513 0.00 0 0 5,618,513 0.000 ND = Non DetectBlank Cell = No Sample
M O N T H L Y B L E N D I N G R E C O R D
Day
Source 1: Well 4 Source 2: Well 14A Source 3: Well 5A Source 4: Treatment Plant Effluent Theoretical Concentration in Blended Water from Sources 1, 2, 3, & 4.
Lab Result
(mg/L) @
FRONT
PUMP
HOUSE
M N
( mg/L )
58 State of California -- State Water Resources Control Board Division of Drinking Water Programs Water System Name: City of Adelanto System No.: 360001 Month/Year: Jul-23 Facility Name: 0.75 Mil Reservoir Blending Facility Constituent Blended: Manganese MCL 0.05 mg/L Quantity of
Water (gpd)
Conc.
(mg/L) A X B = Quantity of Water (gpd) Conc. (mg/L) D X E = Quantity of Water (gpd) Conc. (mg/L) G X H = Quantity of Water (gpd) Conc. (mg/L) J X K = C+F+I+L= A+D+G+J=
A B C D E FG H I J K L M N
1 0 0.00 0 762,000 0.04 27,432 0 0.00 0 3,221,390 0.00 0 27,432 3,983,390 0.0072 0 0.00 0 493,000 0.04 17,748 0 0.00 0 3,670,588 0.00 0 17,748 4,163,588 0.0043 0 0.00 0 701,000 0.04 25,236 0 0.00 0 3,336,898 0.00 0 25,236 4,037,898 0.006 ND4 0 0.00 0 709,000 0.04 25,524 0 0.00 0 3,067,380 0.00 0 25,524 3,776,380 0.0075 0 0.00 0 682,000 0.04 24,552 0 0.00 0 3,028,877 0.00 0 24,552 3,710,877 0.0076 0 0.00 0 755,000 0.04 27,180 0 0.00 0 3,298,396 0.00 0 27,180 4,053,396 0.0077 0 0.00 0 657,000 0.04 23,652 0 0.00 0 2,990,374 0.00 0 23,652 3,647,374 0.0068 0 0.00 0 643,000 0.04 23,148 0 0.00 0 2,797,861 0.00 0 23,148 3,440,861 0.0079 0 0.00 0 742,000 0.04 26,712 0 0.00 0 3,234,225 0.00 0 26,712 3,976,225 0.007 10 0 0.00 0 673,000 0.04 24,228 0 0.00 0 2,669,519 0.00 0 24,228 3,342,519 0.00711 0 0.00 0 618,000 0.04 22,248 0 0.00 0 2,874,866 0.00 0 22,248 3,492,866 0.006 ND12 0 0.00 0 696,000 0.04 25,056 0 0.00 0 2,836,364 0.00 0 25,056 3,532,364 0.00713 0 0.00 0 665,000 0.04 23,940 0 0.00 0 3,298,396 0.00 0 23,940 3,963,396 0.00614 0 0.00 0 709,000 0.04 25,524 0 0.00 0 2,772,193 0.00 0 25,524 3,481,193 0.00715 0 0.00 0 644,000 0.04 23,184 0 0.00 0 2,656,684 0.00 0 23,184 3,300,684 0.00716 0 0.00 0 724,000 0.04 26,064 0 0.00 0 3,118,717 0.00 0 26,064 3,842,717 0.00717 0 0.00 0 737,000 0.04 26,532 0 0.00 0 3,208,556 0.00 0 26,532 3,945,556 0.00718 0 0.00 0 587,000 0.04 21,132 0 0.00 0 2,592,513 0.00 0 21,132 3,179,513 0.007 ND19 0 0.00 0 705,000 0.04 25,380 0 0.00 0 2,720,856 0.00 0 25,380 3,425,856 0.00720 0 0.00 0 879,000 0.04 31,644 0 0.00 0 3,272,727 0.00 0 31,644 4,151,727 0.00821 0 0.00 0 395,000 0.04 14,220 0 0.00 0 1,937,968 0.00 0 14,220 2,332,968 0.00622 0 0.00 0 741,000 0.04 26,676 0 0.00 0 2,759,358 0.00 0 26,676 3,500,358 0.00823 0 0.00 0 841,000 0.04 30,276 0 0.00 0 3,439,572 0.00 0 30,276 4,280,572 0.00724 0 0.00 0 657,000 0.04 23,652 0 0.00 0 2,656,684 0.00 0 23,652 3,313,684 0.00725 0 0.00 0 546,000 0.04 19,656 0 0.00 0 2,810,695 0.00 0 19,656 3,356,695 0.006 ND26 0 0.00 0 717,000 0.04 25,812 0 0.00 0 3,234,225 0.00 0 25,812 3,951,225 0.00727 0 0.00 0 584,000 0.04 21,024 0 0.00 0 3,272,727 0.00 0 21,024 3,856,727 0.00528 0 0.00 0 824,000 0.04 29,664 0 0.00 0 3,170,053 0.00 0 29,664 3,994,053 0.00729 0 0.00 0 674,000 0.04 24,264 0 0.00 0 2,849,198 0.00 0 24,264 3,523,198 0.00730 0 0.00 0 658,000 0.04 23,688 0 0.00 0 5,647,059 0.00 0 23,688 6,305,059 0.00431 0 0.00 0 626,000 0.04 22,536 0 0.00 0 4,992,513 0.00 0 22,536 5,618,513 0.004 ND = Non DetectBlank Cell = No Sample
M O N T H L Y B L E N D I N G R E C O R D
Day
Source 1: Well 4 Source 2: Well 14A Source 3: Well 5A Source 4: Treatment Plant Effluent Theoretical Concentration in Blended Water from Sources 1, 2, 3, & 4.
Lab Result
(mg/L) @
FRONT
PUMP
HOUSE
M N
( mg/L )
59 State of California -- State Water Resources Control Board Division of Drinking Water Programs
IN (K) GALLONS
Jul‐23
Well 4 Well 14A Well 5A MONTHLY RESULTS
1-Jul-23 0 762 0 13 2747 462 WELL 4 ug/l mg/l INACTIVE2-Jul-23 0 493 0 526 3055 90 FLUORIDE INACTIVE3-Jul-23 0 701 0 783 2387 167 ARSENIC INACTIVE4-Jul-23 0 709 0 3067 0 0 IRON INACTIVE5-Jul-23 0 682 0 3029 0 0 MN INACTIVE6-Jul-23 0 755 0 3298 0 07-Jul-23 0 657 0 2990 0 08-Jul-23 0 643 0 2798 0 0 WELL 14A ug/l mg/l9-Jul-23 0 742 0 3234 0 0 FLUORIDE 0.52 10-Jul-23 0 673 0 2670 0 0 ARSENIC 0 011-Jul-23 0 618 0 2875 0 0 IRON 0 012-Jul-23 0 696 0 2836 0 0 MN 36 0.03613-Jul-23 0 665 0 3298 0 014-Jul-23 0 709 0 2772 0 015-Jul-23 0 644 0 2657 0 0 WELL 5a ug/l mg/l INACTIVE16-Jul-23 0 724 0 3119 0 0 FLUORIDE INACTIVE17-Jul-23 0 737 0 3209 0 0 ARSENIC INACTIVE18-Jul-23 0 587 0 2593 0 0 IRON INACTIVE19-Jul-23 0 705 0 2721 0 0 MN INACTIVE20-Jul-23 0 879 0 3273 0 021-Jul-23 0 395 0 1938 0 022-Jul-23 0 741 0 2759 0 0 T PLANT E ug/l mg/l23-Jul-23 0 841 0 3440 0 0 FLUORIDE 0.4424-Jul-23 0 657 0 2657 0 0 ARSENIC 0 025-Jul-23 0 546 0 2811 0 0 IRON 0 026-Jul-23 0 717 0 3157 0 77 MN 0 027-Jul-23 0 584 0 2811 0 46228-Jul-23 0 824 0 2978 0 19329-Jul-23 0 674 0 2849 0 030-Jul-23 0 658 0 5647 0 031-Jul-23 0 626 0 4993 0 0 Teatment Plant Effluent
Booster 1 Booster 2 Booster 3
60 Section E
Completed Work Orders
61 Work Order Number Type Completed Date
2023‐00001172 METER CHANGE OUT 07/11/2023
2023‐00001174 POSS DEAD MTR 07/03/2023
2023‐00001175 METER CHANGE OUT 07/03/2023
2023‐00001187 POSS DEAD MTR 07/05/2023
2023‐00001194 METER CHANGE OUT 07/19/2023
2023‐00001195 POSS DEAD MTR 07/05/2023
2023‐00001198 POSS DEAD MTR 07/25/2023
2023‐00001201 POSS DEAD MTR 07/25/2023
2023‐00001220 METER CHANGE OUT 07/11/2023
2023‐00001226 POSS DEAD MTR 07/11/2023
2023‐00001280 POSS DEAD MTR 07/12/2023
2023‐00001281 METER CHANGE OUT 07/19/2023
2023‐00001283 POSS DEAD MTR 07/05/2023
2023‐00001287 POSS DEAD MTR 07/11/2023
2023‐00001288 METER CHANGE OUT 07/11/2023
2023‐00001298 READ ONLY ‐ A/T 07/12/2023
2023‐00001318 RECONNECT 07/11/2023
2023‐00001350 METER CHANGE OUT 07/03/2023
2023‐00001422 TURN OFF CR 07/03/2023
2023‐00001427 TURN OFF CR 07/03/2023
2023‐00001432 TURN OFF CR 07/05/2023
2023‐00001433 READ ONLY ‐ A/T 07/03/2023
2023‐00001435 TURN OFF CR 07/05/2023
2023‐00001438 TURN OFF CR 07/12/2023
2023‐00001454 METER CHANGE OUT 07/11/2023
2023‐00001455 METER CHANGE OUT 07/11/2023
2023‐00001464 POSS DEAD MTR 07/19/2023
2023‐00001465 READ ONLY ‐ A/T 07/03/2023
2023‐00001467 TURN OFF CR 07/05/2023
2023‐00001472 READ ONLY ‐ A/T 07/03/2023
2023‐00001473 TURN OFF CR 07/05/2023
2023‐00001477 POSS DEAD MTR 07/11/2023
2023‐00001478 POSS DEAD MTR 07/05/2023
2023‐00001479 TURN OFF CR 07/05/2023
2023‐00001480 METER CHANGE OUT 07/05/2023
2023‐00001482 READ ONLY ‐ A/T 07/05/2023
2023‐00001483 TURN OFF CR 07/03/2023
2023‐00001484 LEAK IN STR ‐ NR 07/02/2023
2023‐00001485 READ ONLY ‐ A/T 07/03/2023
2023‐00001486 TURN OFF CR 07/05/2023
2023‐00001487 TURN OFF CR 07/31/2023
2023‐00001489 TURN OFF CR 07/10/2023
2023‐00001490 TURN ON FINAL RD 07/03/2023
2023‐00001491 TURN ON FINAL RD 07/03/2023
2023‐00001492 TURN OFF CR 07/05/2023
2023‐00001493 TURN OFF CR 07/03/2023
62 2023‐00001494 TURN ON FINAL RD 07/03/2023
2023‐00001495 VERIFY OFF/ WP 07/03/2023
2023‐00001496 TURN ON FINAL RD 07/03/2023
2023‐00001497 TURN ON FINAL RD 07/03/2023
2023‐00001498 READ ONLY ‐ A/T 07/03/2023
2023‐00001499 READ‐CHECK LEAKS 07/05/2023
2023‐00001500 METER CHANGE OUT 07/05/2023
2023‐00001501 READ‐CHECK LEAKS 07/05/2023
2023‐00001502 DOOR TAG 07/05/2023
2023‐00001503 DOOR TAG 07/05/2023
2023‐00001504 READ ONLY ‐ A/T 07/31/2023
2023‐00001505 TURN OFF CR 07/06/2023
2023‐00001506 VERIFY OFF/ WP 07/05/2023
2023‐00001507 TURN OFF CR 07/06/2023
2023‐00001508 METER INSTALL 07/06/2023
2023‐00001509 RECONNECT 07/06/2023
2023‐00001510 LEAK IN STR ‐ NR 07/06/2023
2023‐00001511 TURN OFF CR 07/06/2023
2023‐00001512 SV RVW CORR‐NR 07/10/2023
2023‐00001513 TURN ON FINAL RD 07/06/2023
2023‐00001514 READ ONLY ‐ A/T 07/06/2023
2023‐00001516 TURN ON FINAL RD 07/06/2023
2023‐00001517 TURN OFF REPAIR 07/06/2023
2023‐00001518 READ ONLY ‐ A/T 07/06/2023
2023‐00001519 TURN ON FINAL RD 07/06/2023
2023‐00001520 DOOR TAG 07/10/2023
2023‐00001521 RECONNECT 07/06/2023
2023‐00001522 DOOR TAG 07/06/2023
2023‐00001523 TURN ON FINAL RD 07/06/2023
2023‐00001524 TURN ON 07/06/2023
2023‐00001525 READ‐CHECK LEAKS 07/06/2023
2023‐00001526 METER CHANGE OUT 07/06/2023
2023‐00001527 TURN OFF CR 07/17/2023
2023‐00001528 TURN ON 07/10/2023
2023‐00001529 READ ONLY ‐ A/T 07/10/2023
2023‐00001530 READ / METER # 07/10/2023
2023‐00001531 TURN OFF CR 07/12/2023
2023‐00001532 TURN OFF CR 07/10/2023
2023‐00001533 METER CHANGE OUT 07/10/2023
2023‐00001534 TURN OFF CR 07/11/2023
2023‐00001537 METER CHANGE OUT 07/20/2023
2023‐00001538 METER CHANGE OUT 07/20/2023
2023‐00001539 TURN OFF CR 07/11/2023
2023‐00001540 READ ONLY ‐ A/T 07/11/2023
2023‐00001541 TURN OFF CR 07/12/2023
2023‐00001543 BROWN WTR 07/11/2023
2023‐00001544 DOOR TAG 07/12/2023
63 2023‐00001545 LOCK METER 07/20/2023
2023‐00001546 PULL METER 07/13/2023
2023‐00001547 TURN ON FINAL RD 07/12/2023
2023‐00001548 DOOR TAG 07/12/2023
2023‐00001549 TURN OFF CR 07/24/2023
2023‐00001550 TURN OFF CR 07/12/2023
2023‐00001551 MTR CONCERN‐NR 07/12/2023
2023‐00001552 POSSIBLE LEAK 07/12/2023
2023‐00001553 READ ONLY ‐ A/T 07/13/2023
2023‐00001554 TURN OFF CR 07/24/2023
2023‐00001555 TURN ON FINAL RD 07/13/2023
2023‐00001556 BROWN WTR 07/13/2023
2023‐00001557 RECONNECT 07/13/2023
2023‐00001558 TURN OFF CR 07/19/2023
2023‐00001559 READ ONLY ‐ A/T 07/13/2023
2023‐00001560 TURN ON FINAL RD 07/13/2023
2023‐00001561 TURN ON 07/13/2023
2023‐00001562 TURN OFF REPAIR 07/13/2023
2023‐00001563 TURN ON 07/17/2023
2023‐00001565 POSSIBLE LEAK 07/17/2023
2023‐00001566 TURN OFF CR 07/17/2023
2023‐00001567 TURN ON FINAL RD 07/17/2023
2023‐00001568 TURN OFF CR 07/19/2023
2023‐00001570 RECONNECT 07/17/2023
2023‐00001571 TURN ON FINAL RD 07/17/2023
2023‐00001572 TURN ON FINAL RD 07/17/2023
2023‐00001573 READ ONLY ‐ A/T 07/17/2023
2023‐00001574 POSSIBLE LEAK 07/17/2023
2023‐00001575 READ ONLY ‐ A/T 07/18/2023
2023‐00001576 TURN OFF CR 07/18/2023
2023‐00001577 TURN OFF REPAIR 07/18/2023
2023‐00001578 METER CHANGE OUT 07/18/2023
2023‐00001579 DOOR TAG 07/18/2023
2023‐00001580 RECONNECT 07/18/2023
2023‐00001581 TURN OFF CR 07/18/2023
2023‐00001582 TURN ON FINAL RD 07/20/2023
2023‐00001583 TURN ON FINAL RD 07/18/2023
2023‐00001584 DOOR TAG 07/19/2023
2023‐00001585 READ ONLY ‐ A/T 07/20/2023
2023‐00001586 READ ONLY ‐ A/T 07/19/2023
2023‐00001587 READ ONLY ‐ A/T 07/19/2023
2023‐00001588 RECONNECT 07/19/2023
2023‐00001589 VRFY WTR ON 07/19/2023
2023‐00001590 TURN OFF CR 07/20/2023
2023‐00001591 POSS DEAD MTR 07/19/2023
2023‐00001592 READ‐CHECK LEAKS 07/19/2023
2023‐00001593 READ‐CHECK LEAKS 07/19/2023
64 2023‐00001594 TURN ON 07/19/2023
2023‐00001595 READ / METER # 07/19/2023
2023‐00001596 READ ONLY ‐ A/T 07/20/2023
2023‐00001597 TURN ON FINAL RD 07/20/2023
2023‐00001598 METER CHANGE OUT 07/31/2023
2023‐00001599 READ‐CHECK LEAKS 07/20/2023
2023‐00001600 TURN ON FINAL RD 07/20/2023
2023‐00001601 PULL METER 07/20/2023
2023‐00001602 NEIGH WATER‐NR 07/20/2023
2023‐00001603 READ ONLY ‐ A/T 07/20/2023
2023‐00001604 READ ONLY ‐ A/T 07/20/2023
2023‐00001605 METER CHANGE OUT 07/20/2023
2023‐00001606 METER CHANGE OUT 07/20/2023
2023‐00001607 TURN OFF CR 07/24/2023
2023‐00001608 ODOR CONCERN 07/24/2023
2023‐00001609 TURN OFF CR 07/24/2023
2023‐00001610 TURN OFF CR 07/26/2023
2023‐00001611 LEAK IN STR ‐ NR 07/24/2023
2023‐00001612 READ ONLY ‐ A/T 07/24/2023
2023‐00001613 TURN ON FINAL RD 07/24/2023
2023‐00001614 RECONNECT 07/25/2023
2023‐00001615 RECONNECT 07/25/2023
2023‐00001616 RECONNECT 07/25/2023
2023‐00001617 TURN ON 07/25/2023
2023‐00001618 SV RVW CORR‐NR 07/25/2023
2023‐00001619 DOOR TAG 07/26/2023
2023‐00001621 TURN OFF CR 07/26/2023
2023‐00001622 TURN OFF CR 07/26/2023
2023‐00001623 RECONNECT 07/26/2023
2023‐00001624 TURN OFF CR 07/26/2023
2023‐00001625 TURN OFF CR 07/27/2023
2023‐00001626 PRESSURE CONC‐NR 07/26/2023
2023‐00001627 TURN OFF REPAIR 07/26/2023
2023‐00001628 TURN OFF CR 07/31/2023
2023‐00001630 READ‐CHECK LEAKS 07/27/2023
2023‐00001631 READ‐CHECK LEAKS 07/27/2023
2023‐00001632 TURN OFF CR 07/31/2023
2023‐00001633 POSS DEAD MTR 07/27/2023
2023‐00001634 READ‐CHECK LEAKS 07/27/2023
2023‐00001635 DOOR TAG 07/31/2023
2023‐00001638 METER CHANGE OUT 07/03/2023
2023‐00001642 READ‐CHECK LEAKS 07/27/2023
2023‐00001644 READ ONLY ‐ A/T 07/27/2023
2023‐00001646 READ ONLY ‐ A/T 07/27/2023
2023‐00001650 READ / METER # 07/27/2023
2023‐00001651 READ‐CHECK LEAKS 07/27/2023
2023‐00001652 READ‐CHECK LEAKS 07/27/2023
65 2023‐00001654 TURN OFF REPAIR 07/27/2023
2023‐00001655 READ ONLY ‐ A/T 07/27/2023
2023‐00001656 TURN ON FINAL RD 07/27/2023
2023‐00001657 POSSIBLE LEAK 07/31/2023
2023‐00001658 TURN OFF CR 07/31/2023
2023‐00001659 BROKE MTR LID 07/31/2023
2023‐00001660 TURN OFF CR 07/31/2023
2023‐00001661 READ ONLY ‐ A/T 07/31/2023
2023‐00001662 READ‐CHECK LEAKS 07/31/2023
2023‐00001663 TURN ON FINAL RD 07/31/2023
2023‐00001664 PRESSURE CONC‐NR 07/31/2023
2023‐00001665 ODOR CONCERN 07/31/2023
2023‐00001666 BROWN WTR 07/31/2023
2023‐00001667 TURN ON FINAL RD 07/31/2023
2023‐00001668 READ ONLY ‐ A/T 07/31/2023
2023‐00001669 TURN ON FINAL RD 07/31/2023
2023‐00001670 LEAK IN STR ‐ NR 07/31/2023
2023‐00001672 POSSIBLE LEAK 07/31/2023
2023‐00001674 NO WTR‐INVES 07/31/2023
2023‐00001706 METER CHANGE OUT 07/05/2023
66 Section F
Monthly Coliform Report
67 Yes x
State Water Resources Control Board Division of Drinking Water
MONTHLY SUMMARY OF REVISED TOTAL COLIFORM RULE DISTRIBUTION SYSTEM MONITORING (including triggered source monitoring for systems subject to the Groundwater Rule) System Name
City of Adelanto
System Number
CA3610001
Sampling Period
Month July Year 2023
Number
Required
Number
Collected
Number Total
Coliform Positives Number E.coli Positives
1. Routine Samples (see note 1) 40 40 0 0
2. Repeat Samples following samples that are Total Coliform Positive and E.coli Negative (see notes 10 and 11) 0 0 0
3. Repeat Samples following Routine Samples that are
Total Coliform Positive and E. coli Positive
(see notes 10 and 11) 0 0 0
4. Treatment Technique (TT)/MCL Violation Computation
for Total Coliform/E. coli Positive Samples
a. Totals (sum of columns) 40 40 0 0
b. If 40 or more samples collected in month, determine
percent of samples that are total coliform positive
[(total number positive/total number collected) x 100] = 0 % c. Did the system trigger… a Level 2 Assessment TT? Yes x No (see notes 2, 3, 4, 5 and 6 for trigger info)
If a Level 2 Assessment is triggered, see note 8 below. a Level 1 Assessment TT? No
(see note 7 for trigger info)
If a Level 1 Assessment is triggered, see note 9 below.
5. Triggered Source Samples per Groundwater Rule
(see notes 12 and 13) 0 0
6. Invalidated Samples
(Note what samples, if any, were invalidated; who authorized the invalidation; and when replacement samples were collected. Attach additional sheets, if necessary.)
7. Summary Completed By:
Signature Title
Operations Manager
Date
8/1/23
NOTES AND INSTRUCTIONS:
1. Routine samples include:
a. Samples required pursuant to 22 CCR Section 64423 and any additional samples required by an approved routine sample siting plan established pursuant to 22 CCR Section 64422. b. Extra samples are required for systems collecting less than five routine samples per month that had one or more total coliform positives in previous month; c.Extra samples for systems with high source water turbidities that are using surface water or groundwater under direct influence of surface water and do not practice filtration in compliance with regulations;
2. Note: For a repeat sample following a total coliform positive sample, any E.coli positive repeat (boxed entry) constitutes an MCL violation and requires immediate notification to the Division (22, CCR, Section 64426.1).
3. Note: For repeat sample following a E.coli positive sample, any total coliform positive repeat (boxed entry) constitutes an MCL violation and requires immediate notification to the Division (22, CCR, Section 64426.1).
4. Note: Failure to take all required repeat samples following an E. coli positive routine sample (22, CCR, Section 64426.1) constitutes an MCL violation and requires immediate notification to the Division (22, CCR, Section 64426.1).
5. Note: Failure to test for E. coli when any repoeat sample tests postive for total coliform (22, CCR, Section 64426.1) constitutes an MCL violation and requires immediate notification to the Division (22, CCR, Section 64426.1).
6. Note: Second Level 1 treatment technique trigger in a rolling 12-month period.
7. Total coliform Treatment Technique (TT) Violation (Notify Department within 24 hours of TT violation):
a. For systems collecting less than 40 samples, if two or more samples are total coliform positive, then the TT is violated and a Level 1 Assessment is required. b. For systems collecting 40 or more samples, if more than 5.0 percent of samples collected are total coliform positive, then the TT is violated and a Level 1 Assessment is required.
8. Contact the Division as soon as practical to arrange for the division to conduct a Level 2 Assessment of the water system. The water system shall complete a Level 2 Assessment and sumbit it to the Division within 30 days of learning of the trigger exceedance.
9. Conduct a Level 1 Assessment in accordance with as soon as practical that covers the minimum elements (22, CCR, Section 64426.8 (a), (2). Submit the report to the Division within 30 days of learing of the trigger exceedance.
10. Positive results and their associated repeat samples are to be tracked on the Coliform Monitoring Worksheet.
11. Repeat samples must be collected within 24 hours of being notified of the positive results. For systems collecting more than one routine sample per month, three repeat samples must be collected for each total coliform positive sample. For systems collecting one or fewer routine samples per month, four repeat samples must be collected for each total coliform positive sample. At least three samples shall be taken the month following a total coliform positive.
12. For systems subject to the Groundwater Rule: Positive results and the associated triggered source samples are to be tracked on the Coliform Monitoring Worksheet.
13. For triggered sample(s) required as a result of a total coliform routine positive sample, an E.coli positive triggered sample (boxed entry) requires immediate notification to the Division, Tier 1 public notification, and corrective action.
0 68
Section G
Explanation of Terms
and Acronyms
69 Adelanto Section G Explanation of Terms and Acronyms Water System Monthly Asset Management Report
Brief Description of Sections, Terms and Acronyms
Section A
Capital improvement projects (CIP) that are on currently being looked at, in progress, or completed.
Section B
The executive summary is a recap of water production, distribution system, employees, billing and customer service.
Section C
Iron and Manganese Report
References the treatment plant and removal of Iron and Manganese from G wells CL2= Chlorine (disinfectant)
NTU = Turbidity
HPC = Heterotrophic plate count (bacteria colonies)
ug/L = Micrograms per liter
Section D
Distribution Report
Monthly blending records, lab results for each constituent; Fluoride, Arsenic, Iron, Manganese Blended well production (well 4, 14A and 5A) numbers in 1000 gallon units Sampling, intertie water (from Victorville Water District) Well Summary
GPM = gallons per minute
Boosters pump water to higher elevation
Section E
Work Orders Completed
Section F
Monthly Coliform Report
70 ADELANTO PUBLIC UTILITY AUTHORITY
DATE: 8-23-2023
TO: Honorable Chairman and Public Utility Authority Members FROM: Adelanto Public Utility Authority
BY: David Kachelski, Area Operations Manager, PERC Water SUBJECT: WWTP Monthly Report
ATTACHMENTS:
1. APUA Wastewater Treatment Plant Monthly Report- July 2023 71 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121 Gabriel Reyes
Mayor
Daniel Ramos
Mayor Pro Tem
Joy Jeannette
Council Member
Angelo Meza
Council Member
Amanda Uptergrove
Council Member
Jessie Flores
City Manager
City of Adelanto/PERC Water Corp.
APUA WWTP
Order No. R6V-2013-0058.
WDID No. 6B369805001.
WDR100026851
72 17520 Newhope Street, Suite 180 Fountain Valley, CA 92708 | Office: 714.352.7750 | Fax: 714.352.7765 | www.percwater.com Jessie Flores
City Manager
City of Adelanto
11600 Air Expressway
Adelanto, CA. 92301
RE: July 2023 Adelanto WWTP Asset Management Monthly Report Mr. Flores,
Please find the Adelanto Wastewater Treatment Plant (WWTP) Asset Management Report enclosed. The purpose of this report is to inform the City of Adelanto of its wastewater treatment plant’s performance for the month of July 2023.
Since the current performance of Adelanto's wastewater system influences the future of the Adelanto's population, industrial, and commercial growth, the health, and compliance of this facility is of utmost importance to us. If you have any questions or concerns, feel free to contact Bob Nespeca, Vice President of PERC Water via his cell (714) 514-8873 or email [email protected].
PERC Water is dedicated to the highest caliber of customer service with quality and accuracy. If you have any inquiries regarding our services or the content of this report, please do not hesitate to contact me at (714) 887- 9794 or [email protected].
Thank you for entrusting the City of Adelanto's Wastewater Treatment Plant to PERC Water. We appreciate your business and look forward to providing you with quality management and excellent customer service.
Sincerely,
Dave Kachelski
Area Operations Manager
PERC Water Corporation, Asset Management Division
CC: Bob Nespeca, Vice President, PERC Water Corporation 73 Adelanto Wastewater Treatment System
Monthly Asset Management Report
July 2023
TABLE OF CONTENTS
Section A
Executive Summary
Section B
State Regulatory Report
Section C
Collection System Report
Section D
Bio-Solids Report
Section E
Preventative Maintenance CMMS Report
Section F
SSMP / IPP Report
Section G
Laboratory Results
Section H
CIP update
74 Section A
Executive Summary
75 July 2023 Section A – Executive Summary
Adelanto Wastewater Treatment System
Executive Summary
The Adelanto WWTP received 96 million, 374 thousand gallons of raw sewage and successfully treated 96 million, 374 thousand gallons during the month of July 2023, making the total treated amount of water recycled at the Adelanto WWTP about 9.888 billion gallons (since operating services began in April 2012). The characteristics of the water entering and exiting the plant last month are detailed in the section titled “Flows and Laboratory Results.” Secondary effluent form the Facility was discharged to percolation basins 1, 4, 5, & 9 per the discharge requirements for this period. No flow was diverted to VVWRA.
During July, the daily influent flow recorded averaged 3.109 million gallons per day. The facility is permitted for 4 MGD, the capacity is 3 MGD, and current flows and loading are at or exceeding design capacity.
Effluent flow is being calculated by subtracting the treated flow minus the Waste Activated Sludge (WAS) flow for each day and the daily calculated effluent flow averaged 2.994 million gallons per day.
Throughout the month, PERC Water’s Asset Management Team performed daily process control sampling and analysis, trend analysis, equipment verification checks, compliance sampling, housekeeping, process adjustments, and solids processing. Please see “Plant Staffing” for details about PERC Water’s dedicated Adelanto WWTP team. There were no injuries, accidents, facility tours, regulatory meetings, odor complaints, or security issues this month. No flow was diverted to VVWRA.
The following sections outline the characteristics of the operations of the plant, specifically detailing the influent and effluent quality for the prior month. Questions regarding the quality of the water entering and/or exiting the plant can be directed to David Kachelski via his direct line. We look forward to another month of serving the City of Adelanto, CA.
Plant Staffing
David Kachelski – Director of Operation, CPO V, Collections System Operator III Tristan (“Dutch”) Hause – Lead Operator II, Collections System Operator III Jared Kachelski – Operator I
Shawn Coonce – Operator I, Collections Systems Operator I 76 July 2023 Section A – Executive Summary
Adelanto Wastewater Treatment System
Flows and Laboratory Results
In July, all influent was successfully treated by the Adelanto WWTP. Laboratory work and results were produced by ES Babcock Laboratory, located in Riverside, CA. All samples are taken to the laboratory on a weekly/monthly basis. Summaries of this month’s performance are below:
Influent
Total Flow 96.374 MG
Average Daily Flow 3.109 MGD
Maximum Daily Flow 3.226 MG
Minimum Daily Flow 2.997 MG
Maximum Daily Peak 3,154 GPM
Minimum Daily Peak 2,681 GPM
Average BOD 253 mg/L
Average TSS 188 mg/L
Average pH 7.42
Average EC 938 umho/cm
Effluent
Average BOD 6.15 mg/l
Average TSS 4.5 mg/l
Average Total
Nitrogen 1.3 mg/L
Average TDS 500 mg/L
Average MBAs 0.065 mg/L
Average Dissolved
Oxygen 2.30 mg/L
Average pH 7.03
Average EC
833
umho/cm
MAINTENANCE
In July 2023, all preventive maintenance tasks were carried out:
§ On 7-1-23 PERC Staff found influent wet well level sensor not responding due to excessive heat. Reset breakers, ok for now. Need to reduce heat in panel. Use temporary tarp to cover. Working on installing exhaust fans. § On 7-3-23 PERC Staff tightened belts and greased Centrisys centrifuge. § On 7-6-23 calibrated influent pH and EC probes.
§ On 7-8-23 PERC Staff greased Centrisys centrifuge.
§ On 7-11-23 PERC Staff installing compactor gear box to east bar screen. § On 7-15-23 PERC Staff found influent wet well level sensor not responding due to excessive heat. Reset breakers, ok for now.
77 July 2023 Section A – Executive Summary
Adelanto Wastewater Treatment System
§ On 7-16-23 PERC Staff found influent wet well level sensor not responding due to excessive heat. Reset breakers, ok for now.
§ On 7-16-23 Prime Systems onsite to troubleshoot influent wet well level sensor not responding due to excessive heat. They installed level float flatlining alarm. § On 7-17-23 PERC Staff greased Centrisys centrifuge.
§ On 7-17-23 Influent pump # 2 fuses failed, replaced with last set of fuses. Ordered spare fuses from Layne.
§ On 7-19-23 Westech assisting remotely to program bar screen power monitor settings. § On 7-20-23 Layne onsite to install new wiring to influent pump # 1. Put in operation. § On 7-24-23 PERC staff rotated blowers in operation per Preventative maintenance work order.
§ On 7-25-23 installed tarp cover to bar screen control panel due to excessive heat. § On 7-26-23 AQMD onsite to perform WWTP & Lift station inspection of generators and portable pump. No violations.
§ On 7-27-23 influent sampler GFI tripped due excessive heat. § Test run stand by generator weekly for emergency operation if needed. § Performed weed abatement and grease ball removal throughout the month.
OPERATIONS CALL OUT EVENTS
Total callouts in July 2023: 3
On 7-6-23 at approximately 1830 hours received a bar screen drive alarm. Arrived onsite and found unit operating normally.
On 7-7-23 at approximately 0455 hours received a bar screen drive alarm. Arrived onsite and found unit operating normally. Had Prime systems look into alarm, put false alarm in disable mode.
On 7-13-23 received blower door motion alarm. PERC operator responded, found no entry.
POWER FAILURES
There was no power failure for the month of July 2023.
78 July 2023 Section A – Executive Summary
Adelanto Wastewater Treatment System
Wastewater Characteristics (Annually)
Note: Design Capacity for the Adelanto WWTP is as follows for wastewater influent:
300 mg/L (BOD5); 300 mg/L (TSS).
2.00 2.20
2.40 2.60
2.80 3.00
3.20 3.40
3.60 3.80
Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Adelanto WWTP Influent average & peak flows MGD
Ave Peak
79 July 2023 Section A – Executive Summary
Adelanto Wastewater Treatment System
Note: Permit limits for Adelanto WWTP effluent are as follows: monthly average of 15 mg/L (BOD5); monthly average of 10 mg/L (TN); there is no permit limit for effluent TSS.
This month, D.O. levels, pH, EC, and MBAS samples and results were in compliance. 80 Section B
State Regulatory Report
81 Inf Flow Inst Peak Flow Eff. Q ponds Pond # 1 Pond # 2 & 3 Pond # 4 Pond # 5 Pond # 9 Basin N Basin S MGD GPM MGD freeboard ft freeboard ft freeboard ft freeboard ft freeboard ft freeboard ft freeboard ft 7/1/2023 3.053 5000.0 3.053 4+ Empty 11.00 16.00 16.00 3.16 3.38 7/2/2023 2.997 2841.6 2.997 4+ Empty 11.00 16.00 16.00 3.05 3.27 7/3/2023 3.031 2841.8 3.031 4+ Empty 10.75 16.00 16.00 3.12 3.31 7/4/2023 3.195 3154.1 3.195 4+ Empty 10.75 16.00 16.00 3.10 3.34 7/5/2023 3.158 2925.2 3.158 4+ Empty 10.50 16.00 16.00 2.91 3.12 7/6/2023 3.112 2996.5 3.112 4+ Empty 10.25 16.00 16.00 2.76 3.09 7/7/2023 3.124 2831.0 3.124 4+ Empty 13.00 16.00 16.00 2.89 3.00 7/8/2023 3.096 2759.3 3.096 4+ Empty 14.00 15.75 16.00 3.23 3.41 7/9/2023 3.042 2920.3 3.042 4+ Empty 14.50 15.25 16.00 3.16 3.38 7/10/2023 3.122 2999.6 3.122 4+ Empty 15.50 15.00 16.00 3.21 3.41 7/11/2023 3.146 3075.6 3.146 4+ Empty 16.00 15.00 16.00 3.31 3.49 7/12/2023 3.171 3001.6 3.171 4+ Empty 16.00 14.75 16.00 3.27 3.49 7/13/2023 3.211 2998.9 3.211 4+ Empty 16.00 14.75 16.00 3.25 3.45 7/14/2023 3.112 2764.3 3.112 4+ Empty 16.00 14.75 16.00 3.16 3.38 7/15/2023 3.109 5000.0 3.109 4+ Empty 16.00 14.75 16.00 3.12 3.38 7/16/2023 3.112 4426.9 3.112 4+ Empty 16.00 14.75 16.00 3.27 3.33 7/17/2023 3.218 2999.5 3.218 4+ Empty 16.00 14.25 16.00 3.02 3.23 7/18/2023 3.167 3083.8 3.167 4+ Empty 16.00 14.75 16.00 3.05 3.31 7/19/2023 3.144 2917.4 3.144 4+ Empty 16.00 15.00 16.00 3.03 3.29 7/20/2023 3.124 3006.9 3.124 4+ Empty 16.00 15.00 16.00 3.05 3.31 7/21/2023 3.057 2759.2 3.057 4+ Empty 16.00 15.00 16.00 3.12 3.31 7/22/2023 3.036 2994.0 3.036 4+ Empty 16.00 15.00 16.00 3.16 3.27 7/23/2023 3.226 2926.0 3.226 4+ Empty 16.00 15.00 16.00 2.94 3.23 7/24/2023 3.117 2924.7 3.117 4+ Empty 16.00 15.00 16.00 2.93 3.20 7/25/2023 3.081 2921.4 3.081 4+ Empty 16.00 15.00 16.00 3.27 3.49 7/26/2023 3.100 2994.1 3.100 4+ Empty 16.00 15.00 16.00 3.23 3.41 7/27/2023 3.049 2928.0 3.049 4+ Empty 16.00 15.00 16.00 3.49 3.69 7/28/2023 3.056 2759.2 3.056 4+ Empty 16.00 15.00 16.00 3.42 3.68 7/29/2023 3.007 2681.4 3.007 4+ Empty 16.00 15.00 16.00 3.31 3.52 7/30/2023 3.045 2845.0 3.045 4+ Empty 16.00 15.00 16.00 3.05 3.31 7/31/2023 3.162 3073.8 3.162 4+ Empty 16.00 15.00 16.00 3.12 3.34 Total 96.374 96.374
Average 3.109 3108.1 3.109
Maximum 3.226 5000.0 3.226 4+ 0.00 16.00 16.00 16.00 3.49 3.69 Minimum 2.997 2681.4 2.997 4+ 0.00 10.25 14.25 16.00 2.76 3.00 level sensor tripped breaker due to heEffluent Calculated by subtracting WAS flow each day ADELANTO WWTP SUMMARY REPORT July-23
Date
Flow Data Percolation Ponds Biolac Basins
82 BOD5 TSS pH D.O. EC TN TDS MBAS BOD5 TSS pH EC
mg/l mg/l pH units mg/l umho/cm mg/l mg/l mg/l mg/l mg/l pH units umho/cm 7/1/2023
7/2/2023
7/3/2023
7/4/2023
7/5/2023 10 ND 5.0 7.52 2.29 817 1.5 490 0.08 ND 260 140 7.72 944 7/6/2023
7/7/2023
7/8/2023
7/9/2023
7/10/2023
7/11/2023
7/12/2023 5.7 5.0 6.86 2.18 837 1.4 280 200 7.22 925
7/13/2023
7/14/2023
7/15/2023
7/16/2023
7/17/2023
7/18/2023
7/19/2023 3.9 4.0 6.85 2.37 818 1.0 510 0.05 240 210 7.02 986 7/20/2023
7/21/2023
7/22/2023
7/23/2023
7/24/2023
7/25/2023
7/26/2023 5 ND 4.0 6.90 2.37 858 1.2 230 200 7.72 895
7/27/2023
7/28/2023
7/29/2023
7/30/2023
7/31/2023
Total
Average 6.15 4.5 7.03 2.30 833 1.3 500 0.065 253 188 7.42 938 Maximum 10.0 5.0 7.52 2.37 858 1.5 510 0.08 280 210 7.72 986 Minimum 3.9 4.0 6.85 2.18 817 1.0 490 0.05 230 140 7.02 895
ADELANTO WWTP SUMMARY REPORT
Date
Effluent WEEKLY Influent
83 Section C
Collection System Report
84 PROJECT STATUS REPORT & PROJECTIONS
Project Name: City of Adelanto
Department: Collection System
Month: July 2023
Prepared By: PERC Water Corporation
PROJECT STATUS REPORT
Date Footage Mo/Yr Area Locations That Need Attention
July 2023 9,676 / 15,372 • W of
Jonathan & S
of Victor
• Monthly enhanced maintenance
areas
• Quarterly enhanced maintenance
areas
TABLE OF CONTENTS:
01) Adelanto Enhanced Maintenance Annual Log 2023
02) Adelanto Enhanced Maintenance 07-23
03) Adelanto Sewer Cleaning 07-23
LIST OF NOTES:
1) On 7-25-23 PERC staff cleaned the Muskrat lift station wet well with the Vactor. 2) On 7-27-23 PERC staff received multiple tilt alarms for the smart cover located at the Auburn and Bellflower intersection. Contacted smart cover vendor to replace mother board. 3) On 7-28-23 PERC staff installed a new battery in the smart cover located at Jonathan & Bartlett. 4) PERC staff received and reviewed 214 USA Dig alerts
85 MONTHLY Map pg. JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Date Date Date Date Date Date Date Date Date Date Date Date Bellflower & Auburn 460 N 500 W 4-Jan 13-Feb 14-Mar 3-Apr 8-May 21-Jun 6-Jul 1st Mh W 395 & Auburn 400 W 4-Jan 13-Feb 14-Mar 3-Apr 8-May 21-Jun 6-Jul 1st Mh E 395 & Auburn 500 W 4-Jan 13-Feb 14-Mar 3-Apr 8-May 21-Jun 6-Jul Pearmain & Taylor 275 S & 285 W 8 4-Jan 13-Feb 14-Mar 3-Apr 8-May 19-Jun 6-Jul Pearmain & Cactus 300 E & 400 S 10 4-Jan 13-Feb 14-Mar 3-Apr 8-May 19-Jun 6-Jul 1st Mh W Aster & Vintage 500 W 41 4-Jan 13-Feb 14-Mar 3-Apr 8-May 19-Jun 6-Jul Aster & Vintage 500 W 41 4-Jan 13-Feb 14-Mar 3-Apr 8-May 21-Jun 6-Jul
BI-MONTHLY JAN MAR MAY JUL SEP NOV
QUARTERLY JAN APR JUL OCT
Verbena & Mojave W 500 W & S 23 4-Jan 3-Apr 6-Jul
1st mh N Forest & Muskrat 500 N&S 4-Jan 3-Apr 6-Jul
Joshua & Verbena 200 W 17 4-Jan 3-Apr 6-Jul
Cactus & Caliente 400 W 8.9 4-Jan 3-Apr 6-Jul
Bartlett & Lilac 4-Jan 3-Apr 6-Jul
BI-ANNUAL JAN JUL
Geo East
86 City of Adelanto Enhanced Maintenance Collection System Operator: Shawn Month: July 2023 Date Location Street & Cross Street Feet
Cleaned
Comments
1 7/6/2023 Pearmain & Taylor 275 Cleaned south grease in line 2 7/6/2023 Pearmain & Taylor 285 Cleaned west
3 7/6/2023 Pearmain & Cactus 400 Cleaned south
4 7/6/2023 Pearmain & Caliente 700 Cleaned west
5 7/6/2023 Joshua & Verbena 200 Cleaned west grease in channel 6 7/6/2023 Mojave & Verbena 500 Cleaned west grease in channel 7 7/6/2023 Mojave & Verbena 500 Cleaned south grease in channel 8 7/6/2023 Bartlett & Lilac 700 Cleaned west
9 7/6/2023 1st mh n Forest & Muskrat 500 Cleaned north
10 7/6/2023 1st mh n Forest & Muskrat 500 Cleaned south 11 7/6/2023 Vintage 500 Cleaned west
12 7/6/2023 Aster & Vintage 500 Cleaned west
13 7/6/2023 Auburn & Bellflower 460 Cleaned north grease in MH 14 7/6/2023 Auburn & Bellflower 500 Cleaned west grease in MH 15 7/6/2023 1st Mh w Auburn & 395 400 Cleaned west grease in MH 16 17
18 19
20 21
22 23
24 ^
Total Feet 6,920
87 City of Adelanto Collection System Log Operator: Shawn Month: July 2023 Date Location Street & Cross Street Feet
Cleaned
Comments
1 7/10/2023 Highland & Iris 385 Cleaned west
2 7/10/2023 Iris & La Paz 250 Cleaned north
3 7/10/2023 Iris & La Paz 389 Cleaned south
4 7/10/2023 Iris & La Paz 275 Cleaned west
5 7/10/2023 La Paz & Delicious 305 Cleaned west
6 7/10/2023 La Paz & Delicious 497 Cleaned south
7 7/10/2023 Delicious & Victor 667 Cleaned south
8 7/10/2023 Delicious & Victor 108 Cleaned west
9 7/10/2023 Victor 373 Cleaned west
10 7/10/2023 Victor 479 Cleaned west
11 7/10/2023 Indian Paintbrush 608 Cleaned south
12 7/10/2023 Indian Paintbrush & Azalia 254 Cleaned south 13 7/10/2023 Azalia & Chickory 315 Cleaned south
14 7/10/2023 Azalia & Chickory 254 Cleaned west
15 7/12/2023 Pearmain & Yarrow 344 Cleaned south
16 7/12/2023 Pearmain & Yarrow 240 Cleaned west
17 7/12/2023 Prairie & Foxglove 331 Cleaned south
18 7/12/2023 Prairie & Foxglove 354 Cleaned west
19 7/12/2023 Prairie & Blue Sage 287 Cleaned west
20 7/12/2023 Prairie & Blue Sage 321 Cleaned south
21 7/12/2023 Blue Sage & Azalia 543 Cleaned south
22 7/12/2023 Azalia & Sunflower 234 Cleaned west
23 7/12/2023 Azalia & Sunflower 292 Cleaned south
24 7/12/2023 Wisteria & Azalia 143 Cleaned west
25 7/12/2023 Wisteria & Azalia 135 Cleaned east
26 7/12/2023 Villa 652 Cleaned west
27 7/12/2023 Villa & Wisteria 293 Cleaned south
28 7/12/2023 Villa & Wisteria 348 Cleaned west
Total Feet 9,676
88 Section D
Bio-Solids Report
89 July 2023 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Bio-solids Report
In July 2023, PERC Water Staff performed dewatering procedures to dewater 1,063,014 gallons of bio-solids from the aerated solids holding tank. See data table below for amounts and disposal costs. Wet tons of bio-solids were removed at an average total solids concentration of 19%. End dump trailers were collected periodically by GIC Corporation and delivered to Synagro composting facility in Helendale, CA.
Wet Tons Dry Tons Wet Tons Dry Tons
January 321.00 73.83 13 13 $5,119.95 $9,873.96 $14,993.91 $46.71 February 298.26 68.60 12 12 $4,757.25 $9,174.48 $13,931.72 $46.71 March 348.53 80.16 967.79 222.59 14 14 $5,559.05 $10,720.78 $16,279.84 $46.71 April 270.79 51.45 11 11 $4,319.10 $8,329.50 $12,648.60 $46.71 May 263.76 50.11 11 11 $4,206.97 $8,113.26 $12,320.23 $46.71 June 227.52 43.23 762.07 144.79 9 9 $3,628.94 $6,998.52 $10,627.46 $46.71 July 226.46 43.03 9 9 $3,612.04 $6,965.91 $10,577.95 $46.71 August 0.00 $0.00 $0.00 $0.00 #DIV/0!
September 0.00 226.46 43.03 $0.00 $0.00 $0.00 #DIV/0!
October 0.00 $0.00 $0.00 $0.00 #DIV/0!
November 0.00 $0.00 $0.00 $0.00 #DIV/0!
December 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
Total Tons 1956.32 410.41 1956.32 410.41 79 79 $31,203.30 $60,176.40 $91,379.71 #DIV/0! Metric Tons 1774.38 372.24 1774.38 372.24 total total total total total average 2023 BIO-SOLIDS HAULED
Adelanto production Quarter # of GIC
end dump
Removed
# Synagro
loads
received
Total Hauling
Cost
Total Tipping
Fee Cost Total Cost Total Cost Per Ton
90 July 2023 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Burrtec hauls off screenings/rags and recycle product from the facility each month. See data table below for bins removed from the Facility.
RECYCLE
# of Bins ft3
yards # of Bins
January 20 40 2
February 23 46 2
March 22 44 2
April 20 40 1
May 23 46 2
June 22 44 2
July 20 40 2
August 0
September 0
October 0
November 0
December 0
Total 150 300 13
2023 SCREENINGS/GRIT HAULED
91 Section E
Preventive Maintenance
CMMS Report
92 July 2023 Section E Completed Work Orders
Adelanto Wastewater Treatment System
Completed Work Orders
Below is a list of the Adelanto’s Wastewater System’s completed work orders for the month of July: 160 tasks completed
Completed
Date
Asset ID Asset Description Brief Description
7/2/2023 AD_SH-CENTRISYS-MM Centrisys Muffin
Monster
Centrisys Muffin Monster
lubrication grease
7/3/2023 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 7/3/2023 AD_SH-ANDRITZ-MM Andritz Muffin
Monster
Andritz muffin monster
Lubrication & Grease
7/3/2023 AD_SH-CENTRISYS-MM-M Centrisys Muffin
Monster Motor
Centrisys Muffin Monster Motor
lubrication grease
7/4/2023 ADPLGPD1 Pipe Plug (pig) Check plug
7/4/2023 ADPOLYUNIT Polymer unit Clean polymer flow sensor 7/4/2023 ADSCCLW Sludge Thickener
West
Scum Pit
7/4/2023 ADSCCLE Sludge Thickener
East
Scum Pit
7/4/2023 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 7/4/2023 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 7/4/2023 AD_AZ_BLWR1 Aerzen Blower 1 Change and wash pre-filters 7/4/2023 AD_AZ_BLWR2 Aerzen Blower 2 Change and wash pre-filters 7/4/2023 AD_AZ_BLWR3 Aerzen Blower 3 Change and wash pre-filters 7/4/2023 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Housing Seal Assembly 7/4/2023 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Solids and Liquid end Headwall External Assembly
7/5/2023 ADPHECMD Probe Calibrate pH and EC probes
7/5/2023 ADSCCLW Sludge Thickener
West
Sludge thickener check
7/5/2023 ADSCCLE Sludge Thickener
East
Sludge thickener check
7/5/2023 AD_SCADA SCADA system Scada Test
7/6/2023 AD_SC-PW-P_SOUTH Plant Water Pump
South
plant water pump oil change
7/6/2023 AD_SC-CLRFYR-N North Clarifier Kusters Water clarifier oil change 7/6/2023 AD_SC-CLRFYR-S South Clarifier Kusters Water clarifier oil change 7/6/2023 AD_SH_CENTRISYS Centrisys Centrifuge Annual / 4K Hr. service Only 7/6/2023 AD_GEN_PLANT/LIFT Generators backup generator maintenance 7/6/2023 AD_SC-CLRFYR-N North Clarifier change oil filter on clarifier 93 July 2023 Section E Completed Work Orders
Adelanto Wastewater Treatment System
7/6/2023 AD_SC-CLRFYR-S South Clarifier change oil filter on clarifier 7/6/2023 AD_INFNEFFCALIB METERS Scheduling
7/6/2023 AD_AZ_BLWR1 Aerzen Blower 1 Schedule annual maintenance by Aerzen
7/6/2023 AD_AZ_BLWR2 Aerzen Blower 2 Schedule annual maintenance by Aerzen
7/6/2023 AD_AZ_BLWR3 Aerzen Blower 3 Schedule annual maintenance by Aerzen
7/6/2023 LIFTSTATION Pump station Wet well grease cleaning 7/6/2023 LIFTSTATION Pump station air release debris removal 7/6/2023 AD_HW-FR-W Flex Rake West Flex rake compactor annual insp. 7/6/2023 AD_HW_CMPCTRW Compactor West Flex Rake Grease spur gears 7/6/2023 ADSCCLW Sludge Thickener
West
6 Month oil change
7/6/2023 AD_HW-GP-P1 Grit Pump 1 grit pump annual maint. 7/6/2023 AD_HW-GP-P2 Grit Pump 2 grit pump annual maint. 7/6/2023 AD_GD Multi gas detector Multi Gas Detector Calibration 7/6/2023 FIREEXTR Fire Extinguisher fire extinguisher inspection 7/6/2023 AD_AZ_BLWR1 Aerzen Blower 1 Change and wash pre-filters 7/6/2023 AD_AZ_BLWR2 Aerzen Blower 2 Change and wash pre-filters 7/6/2023 AD_AZ_BLWR3 Aerzen Blower 3 Change and wash pre-filters 7/6/2023 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
7/6/2023 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
7/6/2023 ADPLGPD1 Pipe Plug (pig) Check plug
7/6/2023 ADINFEFFSMPLRS Influent and Effluent
sampler
Clean Influent Effluent Sampler
7/6/2023 AD_SCADA SCADA system Scada Test
7/6/2023 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
7/6/2023 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
7/6/2023 ADEYEWSHST eye wash eye wash/shower weekly check 7/6/2023 AD_RAS_PMPS RAS pumps Swap RAS pumps
7/6/2023 AD_PONDS Percolation Ponds Rotate ponds
7/6/2023 AD_SAMPLING SAMPLING Bio solids sampling
7/6/2023 AD_HW-IP1 Influent Pump 1 Rotate settings with Bypass pump
7/6/2023 LIFTSTATION Pump station Wet well grease cleaning 7/6/2023 LIFTSTATION Pump station air release debris removal 7/6/2023 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
94 July 2023 Section E Completed Work Orders
Adelanto Wastewater Treatment System
7/7/2023 AD_BLWR_BLD BUILDINGS Replacement of Blower Building Filters
7/7/2023 AD_DOPROBES D O probes on North
and South Basins
Clean D.O. Probes on North and
South Basin
7/7/2023 AD_HW-GC-CPT1 Grit Collector CPT 1 Monthly CPT inspection 7/7/2023 AD_HW-GC-CPT2 Grit Collector CPT 2 Monthly CPT inspection 7/7/2023 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
7/7/2023 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
7/7/2023 BELLFLOWER_AUBURN Collection Systems Bellflower and Auburn 7/7/2023 HOTLIST Collection Systems Pearmain and Taylor 7/7/2023 HOTLIST Collection Systems Pearmain and Cactus 7/7/2023 HOTLIST Collection Systems Aster and Vintage
7/7/2023 HOTLIST Collection Systems Verbena & Mojave
7/7/2023 HOTLIST Collection Systems Forest and Muskrat
7/7/2023 HOTLIST Collection Systems Joshua & Verbena
7/7/2023 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
7/8/2023 AD-FAK First aid kits Monthly first aid kits check 7/9/2023 AD_HW-GP-P1 Grit Pump 1 grit pump belt check
7/9/2023 AD_HW-GP-P2 Grit Pump 2 grit pump belt check
7/10/2023 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 7/11/2023 LIFTSTATION Pump station lift station float alarm 7/11/2023 ADPLGPD1 Pipe Plug (pig) Check plug
7/11/2023 ADPOLYUNIT Polymer unit Clean polymer flow sensor 7/11/2023 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 7/11/2023 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 7/11/2023 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Housing Seal Assembly 7/11/2023 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Solids and Liquid end Headwall External Assembly
7/12/2023 AD_HW-FR-E Flex Rake East Flex rake check
7/12/2023 ADSCCLW Sludge Thickener
West
Sludge thickener check
7/12/2023 ADSCCLE Sludge Thickener
East
Sludge thickener check
7/12/2023 AD_SCADA SCADA system Scada Test
7/13/2023 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
7/14/2023 AD_RPTS Reports Collections, IPP, Emaint
95 July 2023 Section E Completed Work Orders
Adelanto Wastewater Treatment System
7/14/2023 AD_DOPROBES D O probes on North
and South Basins
Clean D.O. Probes on North and
South Basin
7/14/2023 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
7/14/2023 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
7/14/2023 AD_SH-POL-M Polymer Motor polymer pump gear box oil check 7/14/2023 BELLFLOWER_AUBURN Collection Systems Manhole inspection 7/14/2023 AD_8INPORTPMP 8 Inch portable pump Run 8 in portable pump 7/14/2023 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
7/16/2023 AD_SC_PW_M_NORTH Plant Water Motor
North
Plant Water motor lubrication.
system is currently offline due to
pond #1 freeboard low
7/16/2023 AD_SC-PW-M_SOUTH Plant Water Motor
South
Plant Water motor lubrication.
system is currently offline due to
pond #1 freeboard low
7/17/2023 AD_TRAC Tractor Check oil in tractor
7/17/2023 AD_GD Multi gas detector Multi Gas Detector Calibration 7/17/2023 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 7/18/2023 AD-PORT-GEN Generators RUN PORTABLE GENERATOR FOR 15 MINUTES
7/18/2023 ADAIRCPSH Air compressor Inspect Quincy Air Compressor 7/18/2023 FIREEXTR Fire Extinguisher fire extinguisher inspection 7/18/2023 ADPLGPD1 Pipe Plug (pig) Check plug
7/18/2023 ADPOLYUNIT Polymer unit Clean polymer flow sensor 7/18/2023 ADSCCLW Sludge Thickener
West
Scum Pit
7/18/2023 ADSCCLE Sludge Thickener
East
Scum Pit
7/18/2023 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 7/18/2023 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 7/18/2023 AD_AZ_BLWR1 Aerzen Blower 1 Change and wash pre-filters 7/18/2023 AD_AZ_BLWR2 Aerzen Blower 2 Change and wash pre-filters 7/18/2023 AD_AZ_BLWR3 Aerzen Blower 3 Change and wash pre-filters 7/18/2023 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Housing Seal Assembly 7/18/2023 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Solids and Liquid end Headwall External Assembly
7/19/2023 ADSCCLW Sludge Thickener
West
Sludge thickener check
96 July 2023 Section E Completed Work Orders
Adelanto Wastewater Treatment System
7/19/2023 ADSCCLE Sludge Thickener
East
Sludge thickener check
7/19/2023 AD_SCADA SCADA system Scada Test
7/20/2023 AD_HW-GP-P1 Grit Pump 1 grit pump check
7/20/2023 AD_HW-GP-P2 Grit Pump 2 grit pump check
7/20/2023 AD_SC-RAS-P1 Sludge Thickener RAS
Pump 1
Sludge Thickener R.A.S. pump
inspection
7/20/2023 AD_SC-RAS-P2 Sludge Thickener RAS
Pump 2
Sludge Thickener R.A.S. pump
inspection
7/20/2023 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
7/21/2023 AD_DOPROBES D O probes on North
and South Basins
Clean D.O. Probes on North and
South Basin
7/21/2023 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
7/21/2023 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
7/21/2023 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
7/24/2023 AD_AZ_BLWR1 Aerzen Blower 1 Aerzen Blower filter inspection 7/24/2023 AD_AZ_BLWR2 Aerzen Blower 2 Aerzen Blower filter inspection 7/24/2023 AD_AZ_BLWR3 Aerzen Blower 3 Aerzen Blower filter inspection 7/24/2023 AD_AZ_BLWR1 Aerzen Blower 1 Change internal blower filters and rotate blowers
7/24/2023 AD_AZ_BLWR2 Aerzen Blower 2 Change internal blower filters and rotate blowers
7/24/2023 AD_AZ_BLWR3 Aerzen Blower 3 Change internal blower filters and rotate blowers
7/24/2023 AD_SC-PT Scum pit Clarifier scum pit
7/24/2023 AD_SC-PW-P_NORTH Plant Water Pump
North
plant water pump check. system
is currently offline due to pond
#1 freeboard low
7/24/2023 AD_SC-PW-P_SOUTH Plant Water Pump
South
plant water pump check. system
is currently offline due to pond
#1 freeboard low
7/24/2023 LIFTSTATION Pump station lift station float alarm 7/24/2023 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 7/25/2023 ADPLGPD1 Pipe Plug (pig) Check plug
7/25/2023 ADPOLYUNIT Polymer unit Clean polymer flow sensor 7/25/2023 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 7/25/2023 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 7/25/2023 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Housing Seal Assembly 97 July 2023 Section E Completed Work Orders
Adelanto Wastewater Treatment System
7/25/2023 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Solids and Liquid end Headwall External Assembly
7/26/2023 ADSCCLW Sludge Thickener
West
Sludge thickener check
7/26/2023 ADSCCLE Sludge Thickener
East
Sludge thickener check
7/26/2023 AD_SCADA SCADA system Scada Test
7/27/2023 ADSCCLW Sludge Thickener
West
sludge thickener drive chain
check
7/27/2023 ADSCCLE Sludge Thickener
East
sludge thickener drive chain
check
7/27/2023 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
7/28/2023 ADELPNFLTS FILTERS Clean VFD Panel Filters
7/28/2023 ADINFEFFSMPLRS Influent and Effluent
sampler
Clean Influent Effluent Sampler
7/28/2023 AD_DOPROBES D O probes on North
and South Basins
Clean D.O. Probes on North and
South Basin
7/28/2023 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
7/28/2023 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
7/28/2023 AD_SIPS-ST SIPS Station sips station motor check 7/28/2023 BELLFLOWER_AUBURN Collection Systems Manhole inspection 7/28/2023 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
7/31/2023 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 98 Section F
SSMP/IPP Report
99 JuLY 2023 Section F – IPP / SSMP Report
Adelanto Wastewater Treatment System
INDUSTRIAL PRETREATMENT PROGRAM (IPP) & SEWER SYSTEM MANAGEMENT
PLAN (SSMP)
Staff is reviewing all users and scheduling inspections for August 2023. Listed are July’s 2023 activities:
· Receiving flow and pH data from MK Magnetics periodically with their discharge to city sewer.
· Receiving quarterly report data from International Carbonics with their discharge results to city sewer.
· RWQCB inspecting 16225 Beaver rd., 98 Leaf, for improper wastewater storage in loading dock. 98 Leaf will discharge direct to sewer.
· RWQCB inspecting 16005 Koala, Tikun. Their greenhouses do not discharge to sewer. they installed clarifier.
· Reviewed and commented on Project Referrals, Camino, and IPP applications. 100
Section G
Laboratory Results
101
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 1 of 10
Project Name:
21-Jul-2023
Work Order Number: C3G0319
Received on Ice (Y/N): Yes Temp: °C 12
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C3G0319
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.
Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.
Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C3G0319-01 Liquid 07/5/23 6:10 Jared
Kachelski
Courier
(Guillermo)-DE
Influent ---ROUTINE--- 07/05/23 12:57
C3G0319-02 Liquid 07/5/23 6:20 Jared
Kachelski
Courier
(Guillermo)-DE
Effluent ---ROUTINE--- 07/05/23 12:57
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
102
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 2 of 10
Project Name:
21-Jul-2023
Work Order Number: C3G0319
Received on Ice (Y/N): Yes Temp: °C 12
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C3G0319
Laboratory Reference Number
Sample Description
07/05/23 06:10
Sampled Date/Time Received Date/Time
07/05/23 12:57
Matrix
Influent Liquid
C3G0319-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Dissolved Solids 530 10 10 mg/L SM 2540C 07/09/23 14:22 ANF Total Suspended Solids 140 5 5 mg/L SM 2540D 07/10/23 22:20 EMA Aggregate Organic Compounds
Biochemical Oxygen Demand 260 50 50 mg/L SM 5210B 07/05/23 21:51 DFL Nutrients
Ammonia-Nitrogen 43 5.1 4.5 mg/L SM 4500NH3 G 07/13/23 20:02 AMB mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
103
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 3 of 10
Project Name:
21-Jul-2023
Work Order Number: C3G0319
Received on Ice (Y/N): Yes Temp: °C 12
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C3G0319
Laboratory Reference Number
Sample Description
07/05/23 06:20
Sampled Date/Time Received Date/Time
07/05/23 12:57
Matrix
Effluent Liquid
C3G0319-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.15 0.20 0.12 mg/L EPA 300.0 07/06/23 00:08 KBS J Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 07/06/23 00:08 KBS Solids
Total Dissolved Solids 490 10 10 mg/L SM 2540C 07/09/23 14:22 ANF Total Suspended Solids 5 0.5 0.5 mg/L SM 2540D 07/10/23 22:20 EMA Aggregate Organic Compounds
Biochemical Oxygen Demand ND 10 10 mg/L SM 5210B 07/05/23 21:55 DFL Surfactants
MBAS ND 0.08 0.05 mg/L SM 5540C 07/05/23 20:36 DAD
Nutrients
Ammonia-Nitrogen 0.6 0.1 0.09 mg/L SM 4500NH3 G 07/13/23 20:04 AMB Kjeldahl Nitrogen 1.3 0.1 0.1 mg/L EPA 351.2 07/20/23 23:06 AMB Total Nitrogen 1.5 0.40 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
104
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 9 of 10
Project Name:
21-Jul-2023
Work Order Number: C3G0319
Received on Ice (Y/N): Yes Temp: °C 12
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C3G0319
Notes and Definitions
J Estimated value
QFini Follow-up result also did not meet laboratory acceptance criteria.
QFnt The referenced sample did not require this QC analyte, so a follow-up is not needed.
QMint Due to matrix interference, the MS and/or MSD did not meet laboratory acceptance criteria.
QMout MS and/or MSD recovery did not meet laboratory acceptance criteria.
NR: Not Reported
ND: Analyte NOT DETECTED at or above the Method Detection Limit (if MDL is reported), otherwise at or above the Reportable Detection Limit (RDL)
RDL: Reportable Detection Limit
MDL: Method Detection Limit
* / (Non-NELAP): NELAP does not offer accreditation for this analyte/method/matrix combination e-Standard_No Alias.rpt
This report applies only to the sample(s) analyzed. As a mutual protection to clients, the public, and Babcock Laboratories, Inc., this report is submitted and accepted for the exclusive use of the Client to whom it is addressed. Interpretation and use of the information contained within this report are the sole responsibility of the Client. Babcock Laboratories, Inc. is not responsible for any misinformation or consequences that may result from misinterpretation or improper use of this report. This report is not to be modified or abbreviated in any way.
Additionally, this report is not to be used, in whole or in part, in any advertising or publicity matter without written authorization from Babcock Laboratories, Inc. The liability of Babcock Laboratories, Inc. is limited to the actual cost of the requested analyses, unless otherwise agreed upon in writing. There is no other warranty expressed or implied.
Enclosed are the analytical results for the submitted sample(s). Babcock Laboratories certify the data presented as part of this report meet the minimum quality standards in the referenced analytical methods. Any exceptions have been noted.
Approval
cc:
Alexis Nicole Harold For Cindy A. Waddell
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
105
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 10 of 10
Project Name:
21-Jul-2023
Work Order Number: C3G0319
Received on Ice (Y/N): Yes Temp: °C 12
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C3G0319
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
106
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 1 of 10
Project Name:
02-Aug-2023
Work Order Number: C3G1387
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly WW
Adelanto WWTP
C3G1387
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.
Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.
Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C3G1387-01 Liquid 07/12/23 6:05 Tristan Hause Courier (Lisa Penunuri) - DE
Influent ---ROUTINE--- 07/12/23 13:03
C3G1387-02 Liquid 07/12/23 6:15 Tristan Hause Courier (Lisa Penunuri) - DE
Effluent ---ROUTINE--- 07/12/23 13:03
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
107
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 2 of 10
Project Name:
02-Aug-2023
Work Order Number: C3G1387
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly WW
Adelanto WWTP
C3G1387
Laboratory Reference Number
Sample Description
07/12/23 06:05
Sampled Date/Time Received Date/Time
07/12/23 13:03
Matrix
Influent Liquid
C3G1387-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Suspended Solids 200 10 10 mg/L SM 2540D 07/14/23 23:30 EMA Aggregate Organic Compounds
Biochemical Oxygen Demand 280 50 50 mg/L SM 5210B 07/12/23 22:04 DFL Nutrients
Ammonia-Nitrogen 36 5.1 4.5 mg/L SM 4500NH3 G 07/21/23 13:39 ANM mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
108
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 3 of 10
Project Name:
02-Aug-2023
Work Order Number: C3G1387
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly WW
Adelanto WWTP
C3G1387
Laboratory Reference Number
Sample Description
07/12/23 06:15
Sampled Date/Time Received Date/Time
07/12/23 13:03
Matrix
Effluent Liquid
C3G1387-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N ND 0.20 0.12 mg/L EPA 300.0 07/13/23 03:54 KBS Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 07/13/23 03:54 KBS Solids
Total Suspended Solids 5 0.5 0.5 mg/L SM 2540D 07/14/23 23:30 EMA Aggregate Organic Compounds
Biochemical Oxygen Demand 5.7 2.5 2.5 mg/L SM 5210B 07/12/23 22:08 DFL Nutrients
Ammonia-Nitrogen 0.1 0.1 0.09 mg/L SM 4500NH3 G 07/21/23 13:41 ANM Kjeldahl Nitrogen 1.4 0.2 0.2 mg/L EPA 351.2 08/01/23 02:12 NR Total Nitrogen 1.4 0.50 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
109
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 9 of 10
Project Name:
02-Aug-2023
Work Order Number: C3G1387
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly WW
Adelanto WWTP
C3G1387
Notes and Definitions
QBLK The method blank did not meet laboratory acceptance criteria.
QFinP Follow-up in progress.
QLout The LCS and/or LCSD recovery did not meet laboratory acceptance criteria.
QMint Due to matrix interference, the MS and/or MSD did not meet laboratory acceptance criteria.
QMout MS and/or MSD recovery did not meet laboratory acceptance criteria.
NR: Not Reported
ND: Analyte NOT DETECTED at or above the Method Detection Limit (if MDL is reported), otherwise at or above the Reportable Detection Limit (RDL)
RDL: Reportable Detection Limit
MDL: Method Detection Limit
* / (Non-NELAP): NELAP does not offer accreditation for this analyte/method/matrix combination e-Standard_No Alias.rpt
This report applies only to the sample(s) analyzed. As a mutual protection to clients, the public, and Babcock Laboratories, Inc., this report is submitted and accepted for the exclusive use of the Client to whom it is addressed. Interpretation and use of the information contained within this report are the sole responsibility of the Client. Babcock Laboratories, Inc. is not responsible for any misinformation or consequences that may result from misinterpretation or improper use of this report. This report is not to be modified or abbreviated in any way.
Additionally, this report is not to be used, in whole or in part, in any advertising or publicity matter without written authorization from Babcock Laboratories, Inc. The liability of Babcock Laboratories, Inc. is limited to the actual cost of the requested analyses, unless otherwise agreed upon in writing. There is no other warranty expressed or implied.
Enclosed are the analytical results for the submitted sample(s). Babcock Laboratories certify the data presented as part of this report meet the minimum quality standards in the referenced analytical methods. Any exceptions have been noted.
Approval
cc:
Alexis Nicole Harold For Cindy A. Waddell
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
110
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 10 of 10
Project Name:
02-Aug-2023
Work Order Number: C3G1387
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly WW
Adelanto WWTP
C3G1387
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
111
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 1 of 10
Project Name:
04-Aug-2023
Work Order Number: C3G2513
Received on Ice (Y/N): Yes Temp: °C 5
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C3G2513
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.
Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.
Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C3G2513-01 Liquid 07/19/23 6:15 Tristan Hause Courier (Lisa Penunuri) - DE
Influent ---ROUTINE--- 07/19/23 13:30
C3G2513-02 Liquid 07/19/23 6:05 Tristan Hause Courier (Lisa Penunuri) - DE
Effluent ---ROUTINE--- 07/19/23 13:30
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
112
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 2 of 10
Project Name:
04-Aug-2023
Work Order Number: C3G2513
Received on Ice (Y/N): Yes Temp: °C 5
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C3G2513
Laboratory Reference Number
Sample Description
07/19/23 06:15
Sampled Date/Time Received Date/Time
07/19/23 13:30
Matrix
Influent Liquid
C3G2513-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Dissolved Solids 640 10 10 mg/L SM 2540C 07/26/23 09:54 YVD Total Suspended Solids 210 10 10 mg/L SM 2540D 07/26/23 18:30 JXM Aggregate Organic Compounds
Biochemical Oxygen Demand 240 50 50 mg/L SM 5210B 07/19/23 22:28 DFL N-BOD1 Nutrients
Ammonia-Nitrogen 37 5.1 4.5 mg/L SM 4500NH3 G 07/26/23 17:08 AMB mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
113
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 3 of 10
Project Name:
04-Aug-2023
Work Order Number: C3G2513
Received on Ice (Y/N): Yes Temp: °C 5
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C3G2513
Laboratory Reference Number
Sample Description
07/19/23 06:05
Sampled Date/Time Received Date/Time
07/19/23 13:30
Matrix
Effluent Liquid
C3G2513-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N ND 0.20 0.12 mg/L EPA 300.0 07/20/23 06:58 KBS Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 07/20/23 06:58 KBS Solids
Total Dissolved Solids 510 10 10 mg/L SM 2540C 07/26/23 09:54 YVD Total Suspended Solids 4 0.5 0.5 mg/L SM 2540D 07/26/23 18:30 JXM Aggregate Organic Compounds
Biochemical Oxygen Demand 3.9 2.5 2.5 mg/L SM 5210B 07/19/23 22:32 DFL N-BOD1 Surfactants
MBAS 0.05 0.08 0.05 mg/L SM 5540C 07/20/23 13:56 ANM J
Nutrients
Ammonia-Nitrogen ND 0.1 0.09 mg/L SM 4500NH3 G 07/26/23 17:10 AMB Kjeldahl Nitrogen 1.0 0.2 0.2 mg/L EPA 351.2 08/02/23 21:41 NC Total Nitrogen 1.0 0.50 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
114
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 9 of 10
Project Name:
04-Aug-2023
Work Order Number: C3G2513
Received on Ice (Y/N): Yes Temp: °C 5
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C3G2513
Notes and Definitions
J Estimated value
N-BOD1 Dilution water blank exceeds 0.20 mg/L. As per method, data is reportable as qualified.
QBLK The method blank did not meet laboratory acceptance criteria.
QFini Follow-up result also did not meet laboratory acceptance criteria.
QMint Due to matrix interference, the MS and/or MSD did not meet laboratory acceptance criteria.
QRPDa Both percent recoveries were acceptable, however, the RPD result was above laboratory acceptance criteria.
QRPDo The RPD value for the sample duplicate or MS/MSD did not meet laboratory acceptance criteria.
NR: Not Reported
ND: Analyte NOT DETECTED at or above the Method Detection Limit (if MDL is reported), otherwise at or above the Reportable Detection Limit (RDL)
RDL: Reportable Detection Limit
MDL: Method Detection Limit
* / (Non-NELAP): NELAP does not offer accreditation for this analyte/method/matrix combination e-Standard_No Alias.rpt
This report applies only to the sample(s) analyzed. As a mutual protection to clients, the public, and Babcock Laboratories, Inc., this report is submitted and accepted for the exclusive use of the Client to whom it is addressed. Interpretation and use of the information contained within this report are the sole responsibility of the Client. Babcock Laboratories, Inc. is not responsible for any misinformation or consequences that may result from misinterpretation or improper use of this report. This report is not to be modified or abbreviated in any way.
Additionally, this report is not to be used, in whole or in part, in any advertising or publicity matter without written authorization from Babcock Laboratories, Inc. The liability of Babcock Laboratories, Inc. is limited to the actual cost of the requested analyses, unless otherwise agreed upon in writing. There is no other warranty expressed or implied.
Enclosed are the analytical results for the submitted sample(s). Babcock Laboratories certify the data presented as part of this report meet the minimum quality standards in the referenced analytical methods. Any exceptions have been noted.
Approval
cc:
Alexis Nicole Harold For Cindy A. Waddell
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
115
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 10 of 10
Project Name:
04-Aug-2023
Work Order Number: C3G2513
Received on Ice (Y/N): Yes Temp: °C 5
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C3G2513
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
116
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 1 of 10
Project Name:
14-Aug-2023
Work Order Number: C3G3430
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C3G3430
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.
Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.
Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C3G3430-01 Liquid 07/26/23 6:20 Jared
Kachelski
Courier (Lisa
Penunuri) - DE
Influent ---ROUTINE--- 07/26/23 12:57
C3G3430-02 Liquid 07/26/23 6:05 Jared
Kachelski
Courier (Lisa
Penunuri) - DE
Effluent ---ROUTINE--- 07/26/23 12:57
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
117
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 2 of 10
Project Name:
14-Aug-2023
Work Order Number: C3G3430
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C3G3430
Laboratory Reference Number
Sample Description
07/26/23 06:20
Sampled Date/Time Received Date/Time
07/26/23 12:57
Matrix
Influent Liquid
C3G3430-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Suspended Solids 200 10 10 mg/L SM 2540D 07/31/23 21:40 EMA Aggregate Organic Compounds
Biochemical Oxygen Demand 230 50 50 mg/L SM 5210B 07/26/23 21:18 AMB N-BOD1 Nutrients
Ammonia-Nitrogen 35 5.1 4.5 mg/L SM 4500NH3 G 08/03/23 21:04 AMB mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
118
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 3 of 10
Project Name:
14-Aug-2023
Work Order Number: C3G3430
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C3G3430
Laboratory Reference Number
Sample Description
07/26/23 06:05
Sampled Date/Time Received Date/Time
07/26/23 12:57
Matrix
Effluent Liquid
C3G3430-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.20 0.20 0.12 mg/L EPA 300.0 07/27/23 12:27 KBS Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 07/27/23 12:27 KBS Solids
Total Suspended Solids 4 0.5 0.5 mg/L SM 2540D 07/31/23 21:40 EMA Aggregate Organic Compounds
Biochemical Oxygen Demand ND 5.0 5.0 mg/L SM 5210B 07/26/23 21:21 AMB N-BOD1 Nutrients
Ammonia-Nitrogen ND 0.1 0.09 mg/L SM 4500NH3 G 08/04/23 13:38 ANM Kjeldahl Nitrogen 1.0 0.1 0.1 mg/L EPA 351.2 08/10/23 20:17 NR Total Nitrogen 1.2 0.40 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
119
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 9 of 10
Project Name:
14-Aug-2023
Work Order Number: C3G3430
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C3G3430
Notes and Definitions
N-BOD1 Dilution water blank exceeds 0.20 mg/L. As per method, data is reportable as qualified.
QFnt The referenced sample did not require this QC analyte, so a follow-up is not needed.
QFpas Follow-up result within laboratory acceptance criteria.
QMout MS and/or MSD recovery did not meet laboratory acceptance criteria.
NR: Not Reported
ND: Analyte NOT DETECTED at or above the Method Detection Limit (if MDL is reported), otherwise at or above the Reportable Detection Limit (RDL)
RDL: Reportable Detection Limit
MDL: Method Detection Limit
* / (Non-NELAP): NELAP does not offer accreditation for this analyte/method/matrix combination e-Standard_No Alias.rpt
This report applies only to the sample(s) analyzed. As a mutual protection to clients, the public, and Babcock Laboratories, Inc., this report is submitted and accepted for the exclusive use of the Client to whom it is addressed. Interpretation and use of the information contained within this report are the sole responsibility of the Client. Babcock Laboratories, Inc. is not responsible for any misinformation or consequences that may result from misinterpretation or improper use of this report. This report is not to be modified or abbreviated in any way.
Additionally, this report is not to be used, in whole or in part, in any advertising or publicity matter without written authorization from Babcock Laboratories, Inc. The liability of Babcock Laboratories, Inc. is limited to the actual cost of the requested analyses, unless otherwise agreed upon in writing. There is no other warranty expressed or implied.
Enclosed are the analytical results for the submitted sample(s). Babcock Laboratories certify the data presented as part of this report meet the minimum quality standards in the referenced analytical methods. Any exceptions have been noted.
Approval
cc:
Alexis Nicole Harold For Cindy A. Waddell
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
120
Client Name:
Report Date:
PERC Water Corp
19101 Jonathan St.
Dave Kachelski
Adelanto, CA 92301
Contact:
Address: Project Number:
Analytical Report: Page 10 of 10
Project Name:
14-Aug-2023
Work Order Number: C3G3430
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C3G3430
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
121
Section H
CIP Report
122
Project # Estimated Cost Project start
date
$'s spent to
date
Scope Comments Status
WW 01 ? Install Auburn & 395 parallel sewer main Install parallel sewer main on Auburn under Hwy 395. to relieve surcharged sewer condition observed .
Engineering needs to
design
WW 02 $50,000 Ammonia and Nitrate probes for efficient treatment PER Stantec recommendations to re-rate WWTP waiting for budget approval
WW 03 $325,000 Purchase CCTV Van for locating and raising buried Manholes.
There are many manholes that are below ground surface for >20 years. Locate & raise to grade. Cannot perform maintenance of sewer lines.
Obtained bids
WW 04 1.800,000
Expand WWTP to 3.7 MGD. Budget 2023-24
Install 5th influent pump, 4th turbo blower, replace DO probes, install NO3 probes, add polymer at sec clarifier, upgrade waater system. WWTP at 3.0 MGD Ave daily flow.
PACEcompleted
capacity assesment.
Waiting for budget
approval
WW 05 $50,000 Muskrat sewer lift Station. Rollover from 2021-22 install radio communcation and ancillary equipment to allow data to WWTP existing SCADA system. Includes programming, parts and alarm notifications.
obtained bids
WW 07 $300,000 Upgrade current filters contact tank to make Title 22 water for reuse on parks, etc.
Equipment onsite, but some replacement equipment needed, and new analyzers, safety upgrades along with SCADA tie ins and title 22 eng report.
Not started, city
obtaining grant
funding
WW 08 ? Install purple pipe from WWTP to parks Install purple pipe, 0.75 mile. Needs engineering to design.
Not started, city
obtaining grant
funding
WW 09 $150,000 Upgrade cleanouts to manholes for maintenance access. Budgeted 2022-23
There are several cleanouts in Joshua Estates that can't be maintained. Convert to manholes for cleaning maintenance waiting for budget
approval
WW 10 ? Ponds 2 & 3 Pond 2 & 3 rehabilitation to emergency bypass ponds pursuant to 2013 Application for Waste Discharge. Not started
ESTIMATED TOTAL $875,000
$1,500,000 2/1/22 ?
Increase Sewer Main Capacity
carryover from 2019-20
Install parallel sewer main on Pairmain St. to relieve surcharged sewer condition observed on Jonathan St. sewer main.
COMPLETED
$750,000.00 9/1/21 $749,995.00
WWTP Dewatering System
carryover from 2018-19
1. Engineer, purchase, install new centrifuge. Demo of old unit.
Original centrifuge not sized for increased flows and nonoperational
2. Rezise existing sludge feed pump and polymer feed unit.
3. Repair existing grinder/macerator ("muffin monster"). COMPLETED $5,000.00 $5,423.41 "Smart covers" # 6 manhole level and flow monitoring sensing device.
Additional smart cover for lift station manhole to prevents sewer spills and vandalism spills. 10 years with battery replacement every two years
RECEIVED
COMPLETED
$11,000.00 $10,846.82 "Smart covers" # 4 & 5 manhole level and flow monitoring sensing device.
Additional smart cover for lift station manhole to prevents sewer spills and vandalism spills. 10 years with battery replacement every two years
RECEIVED
COMPLETED
$11,000.00 10/15/21 $10,416.82 "Smart covers" # 2 & 3 manhole level and flow monitoring sensing device.
Surcharged manholes at trunck sewer at Auburn/Bellflower. 10 years with battery replacement every two years
RECEIVED
COMPLETED
$5,000.00 2/20/20 $4,743.32 "Smart covers" # 1 manhole level and flow monitoring sensing device.
Surcharged manhole at trunck sewer at Jonathan/Bartlett. 10 years with battery replacement every two years
RECEIVED
COMPLETED
$50,000.00 8/1/20 $48,000.00
Influent Lift Station Pump
carryover from 2019-20
Reconfigure Influent lift station pump control wiring. Wires were cut during bypass of influent to VVWRA. Pump currently has no operational signals. System could overflow or pump could overheat. Reconfigure Influent lift station pump control logic for interlocked operation with other pumps on new SCADA. COMPLETED $75,400.00 Manhole (4) Rehabilitation
carryover from 2019-20
Deteriorated manholes at Aster & Vintage require urgent replacement. Includes bypass pumping. COMPLETED
$55,500 7/1/22 $51,500 Remove GE SCADA PLC. Budgeted 2021-22 GE SCADA PLC from blower installed in 1998. GE interferes at times with newer SCADA PLC hardware COMPLETED
Adelanto Wastewater CIP 2022-23
8/16/2023
123
CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: August 23, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
SUBJECT: TINY HOME HOMELESS VILLAGE
STAFF RECOMMENDATION:
Instruct staff to prepare and submit an $8 million grant application via Supervisor Paul Cook’s office for the purpose of developing a 2-acre, 200 unit Tiny Home Homeless Village with support structures on city land in Adelanto that has a focus on assisting our Veterans community.
BACKGROUND:
In the June 2022 the Board of Supervisors adopted the “Homeless Strategic Action Plan” focusing on:
▪ Sharing data between departments to identify persons from each system that present a high usage of accessing care through unsuitable healthcare and criminal justice settings. ▪ Integration of new and existing resources to support and provide the required care for ongoing stabilization.
▪ Researching the implementation of alternative court treatment-oriented options such as Assisted Outpatient Treatment (Laura’s Law) and the proposed Community Assistance for Recovery and Empowerment (CARE) Court
▪ Engaging County departments in the integration of the Lanterman-Petris-Short (LPS) conservatorship process for individuals in need of a restrictive to a least restrictive setting for stabilization toward independent living
▪ Partnering with municipalities to build a network of housing infrastructure capacity to treat and house the most at-risk populations in communities with the highest chronically homeless populations.
▪ Deploying outreach and field-based mobile healthcare teams ▪ Facilitating opportunities for healthcare providers to meet unsheltered persons without existing street outreach and engagement teams when safe and appropriate. ▪ Transitioning, based on the needs of each person, to the appropriate level of shelter and care. 124
In response to the 26% increase in homelessness reflected in the 2023 “Point in Time Count” (https://www.sbcounty.gov/uploads/sbchp/content/SBC-2023-Homeless-Count-Report.pdf) the Board of Supervisors last March launched a partnership with the county’s cities to invest a sizable share of the $72.7 million Homeless Initiatives Spending Plan toward increasing housing for the homeless throughout the county.
The plan sets aside $32.7 million specifically for partnerships between the county and cities to increase housing and system capacity, specifically by the creation of shelter beds with onsite services open to all homeless residents, permanent supportive housing, and rapid rehousing options as well as by addressing systemic barriers that prevent housing connections and placements.
Homeless overflow from Victorville’s facilities presents a problem for Adelanto the city can mitigate with the assistance of the Board of Supervisors.
ADELANTO TINY HOME HOMELESS VILLAGE
Mayor Reyes and Adelanto staff and Supervisor Cook’s staff have met and determined that SafeHuts™ (www.safehuts.com) temporary homeless housing is an appropriate structure to temporarily house the growing High Desert homeless population. These are single bed units designed as transitional housing.
SafeHuts™ are manufactured from fiberglass at the Duffy Electric Boat factory in Adelanto. Duffy Electric Boats is 24-year Adelanto employer.
Preliminary estimates indicate that 1.5 – 2.0 acres would be ideal for a village with 200 SafeHuts™ units.
The ADA compliant Village should be phased based upon demand and include:
▪ Phase I – 95 SafeHuts™ units
▪ Phase II – 100 SafeHuts™ units
SafeHuts™ overview:
▪ Fiberglass construction materials
▪ Single bed
▪ 12V solar to power interior/exterior lights, USB port ▪ 220V closed loop for heat & A/C
▪ SafeHuts™ Cares – ongoing maintenance program
Sanitation trailer
▪ Male/female Restrooms
▪ Wash basins
▪ Showers
Office trailer
▪ On boarding room
▪ Staff office
▪ Food hall
Site improvements
▪ Grading
▪ Water
▪ Sewer
125
▪ Power
▪ Fencing
▪ Lighting
▪ Security camera
Wrap Around/Navigation Services (veterans support)
Homeless services are coordinated and funded by San Bernardino County. Ongoing costs range from $50.00 - $70.00 per day on average. These costs should not be included in the City’s application.
COST ESTIMATE
Tiny Home Villages cost significantly less than other homeless solutions in California. The average hotel conversion in Los Angeles is $597,000 per door. Redlands recently paid $30 million for a motel for 99 doors at a cost of $303,000 per door.
There are many variables in determining Village development costs including; ▪ Site location to utilities
▪ Site grading requirements
▪ Soft costs
▪ Village amenities
Based upon Homeless Village costs in Los Angeles, Tiny Home Villages cost in the range of $35,000 - $77,500 per door.
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CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: August 23, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance; Derik Despain, Senior Accountant SUBJECT: CONSIDERATION OF THE FISCAL YEAR 2023-2024 AMENDMENT 7 FOR CITY FIRE
PROTECTION AND EMERGENCY MEDICAL SERVICES PROVIDED BY THE SAN
BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT.
STAFF RECOMMENDATION:
It is recommended that the City Council approve the Fiscal Year 2023-2024 (FY23/24) Amendment 7 for City fire protection and emergency medical services provided by the San Bernardino County Fire Protection District and authorize the City Manager to execute the contract amendment.
BACKGROUND:
On June 13, 2018, the City Council adopted Resolution No. 18-12 approving a ten (10) year agreement with the San Bernardino County Fire Protection District (“SBCFPD”) to provide fire protection and emergency medical services (the “Services”) to the City. The first year cost to the City was $4,470,155.
Pursuant to Section 3 (B) of the agreement, the personnel, labor, and benefit costs shall be adjusted annually consistent with SBCFPD personnel MOUs (Memorandum of Understanding) and other personnel costs. The annual adjustment for all other non-personnel costs shall not exceed six (6) percent or fall below two (2) percent, while administrative costs related to the agreement are adjusted annually and cannot exceed six (6) percent.
FISCAL IMPACT:
For FY23/24, the SBCFPD is proposing a $188,229.00 increase which is approximately 3.13% over FY22/23 in the annual cost of the Services provided to the City. The total proposed annual cost for FY23/24 is $6,204,801, which will be included in the forthcoming budget.
ATTACHMENTS:
1. SBCFPD Contract Amendment No. 7
127
Standard Contract Page 1 of 3
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY San Bernardino County Fire
Protection District
Department Contract Representative Dan Munsey
Telephone Number 909-387-5779
Contractor City of Adelanto
Contractor Representative Jessie Flores
Telephone Number 760-947-1025
Contract Term July 1, 2018, to June 30, 2028
Original Contract Amount $4,470,155 (Annual Amount)
Amendment Amount $6,204,801 (Annual Amount)
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
Pursuant to Section 3.B. of Agreement No. 18-397 (Agreement) between the City of Adelanto (CITY) and the San Bernardino County Fire Protection District (SBCFPD), CITY and SBCFPD agree to amend the Agreement as follows:
1. Section 3.A. is amended to read as follows:
3. Compensation
A. For services provided by SBCFPD to CITY on and after July 1, 2023, CITY shall pay SBCFPD the total lump sum of $6,204,801annually, subject to future annual adjustments as described in Section 3.B. CITY shall pay SBCFPD on a monthly basis, in accordance with the payment schedule set below. A cost breakdown of the lump sum annual amount for SBCFPD Fiscal Year 2023-24 is shown in Exhibit “A”, attached hereto and incorporated herein by this reference.
Payments shall be due by the first (1st) day of each month of service pursuant to Health and Safety Code section 13878. Payments received after sixty (60) days of when due shall include 10% simple interest after the sixtieth (60th) day of when due. SBCFPD shall have the right to terminate this Agreement sooner than provided for in Section 20 if the CITY does not make timely payments of its obligations hereunder to SBCFPD.
Month of Service Payment Due Payment Amount
July 2023 July 1, 2023 $517,075
August 2023 August 1, 2023 $517,066
September 2023 September 1, 2023 $517,066
October 2023 October 1, 2023 $517,066
Contract Number
18-397 A-7
SAP Number
128
November 2023 November 1, 2023 $517,066
December 2023 December 1, 2023 $517,066
January 2024 January 1, 2024 $517,066
February 2024 February 1, 2024 $517,066
March 2024 March 1, 2024 $517,066
April 2024 April 1, 2024 $517,066
May 2024 May 1, 2024 $517,066
June 2024 June 1, 2024 $517,066
All other terms of Agreement No. 18-397 shall remain in full force and effect.
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
129
This Amendment No. 7 shall take effect on the date it is signed by both parties.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Scott Runyan, Principal Assistant County Counsel
Date Date Date
San Bernardino County Fire Protection
District City of Adelanto
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Directors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD Title
Lynna Monell, Secretary
(Print or Type)
By Dated:
Deputy
Address 11600 Air Expressway
Adelanto, CA 92301
130
CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: August 23, 2023
TO: Honorable Mayor and City Council Members
FROM: Angel Castellanos, Director of Finance
SUBJECT: CONSIDERATION OF PERMIT SYSTEM RENEWAL FOR CAMINO PERMIT SYSTEM AND EXTENSION FOR THREE YEARS (JULY 1, 2023 THROUGH JUNE 30, 2026) STAFF RECOMMENDATION:
Staff recommends that the City Council approve the renewal of the contract for Camino Permitting System for a period of three years from July 1, 2023 through June 30, 2023. In the amount of forty-five thousand ($45,000) per year.
BACKGROUND:
On March 28, 2019 City Planning Staff submitted a SB 2 Grant Application to the State. On February 6, 2020 the City of Adelanto received notification from the State of California that Adelanto was awarded a grant in the amount of $160,00.00.
The SB 2 Grant is a Planning related grant to assist Cities and Counties with the development process and to make improvements that could also speed up that process. As a part of the grant request staff indicated that the City would either improve their existing computer software permit process software program or develop and implement a new and improved software program.
The City’s existing software program is very limited and costly. The new proposed CAMINO software program was offered to the City as a possible solution and will also assist during the current and future COVID 19 event.
The new software system would have been at a normal time, cost the City $100,000.00 for the system. However, CAMINO has offered to waive the initial costs to the City and only charge the City for the annual service charges of $15,000.00 a year (paid for and budgeted through the SB 2 Grant Funds). In addition, while working with CAMINO staff also discovered that there was a need to also include a dog license application that the community could access on line and pay for on line, and CAMINO was willing to add this function at no cost to the City.
Additionally, at this time where there is a concern about the COVID 19 and contact with the possible virus, staff also inquired about the possibility of having a Virtual Inspection program.
This new Virtual Inspection program will cost an additional $3,000.00 per year, which will be paid for through the SB 2 grant funds. The Virtual inspection program will allow the City Inspector to perform inspections either through a cell phone, or laptop or through an iPad, from the Office or from outside the permitted property where the Building Inspector either might not 131
have full access to the building due to the COVID 19 or for some other reason. This system can also be utilized at no cost to the public to perform basic water heater, HVAC and or Solar inspections in order to assist the homeowner and make it more convenient for the homeowner.
Working with the IT department staff discovered a need to also complete the Migrating of data from the current permitting software program over to the new CAMINO software program. This cost is a one time fee of $21,900.00 and will also be paid for out of the SB 2 Grant funds.
Additionally, while working with staff from all the departments it was also discovered that there is a need to develop and implement a Cannabis online permit system. Staff has been working with CAMINO for the development of the permitting system for Cannabis and this will be included at no cost to the City. This new Cannabis permitting application will allow the applicant to obtain all the information need to review and submit their Cannabis on line and to also pay for that permit online.
The City implemented the CAMINO software in 2021 and began fully operating all permitting through the CAMINO system in 2022. City Staff continues to improve the use of the system and integrate all permitting related services the City office through the software. The software is use to issue all permits, track status of permits, track proof of payments and maintain documents for each related permit. Staff is also working on integrating CAMINO with the City’s accounting software and implement an electronic payment system that will facilitate payments from CAMINO to the City ERP accounting system.
FISCAL IMPACT:
For Fiscal year 2023-2024, the net cost of the renewal will be $45,000, and is included in the annual budget.
For Fiscal year 2024-2025, the cost of $45,000 will be included in the appropriate fiscal year budget.
For Fiscal year 2025-2026, the cost of $45,000 will be included in the appropriate fiscal year budget.
ATTACHMENTS:
1. Proposal for City of Adelanto, Permit System Renewal 132
May 2023
Proposal for Adelanto, CA
Permit System Renewal
133
1 Summary of Solution
Camino is a web-based solution that improves the customer experience for permit and licensing processes.
Camino software is provided through a SaaS (software as a service) model, meaning that all functionality is accessed through the internet on a subscription basis. For this proposal Camino is excited to offer the solutions outlined below.
Permit and Licensing System:
Camino will assist in configuring and running a hosted Permit/Licensing System for the agency. The agency has the following needs that will be addressed under this scope:
● A fully hosted, web-based system that is accessible to staff and applicants. ● A smart application portal that generates a set of requirements based on the details of the application. ● Application review and reporting.
● Fee Generation and online payment capabilities.
● Document upload and storage.
● Internal review and task management.
● Inspection management.
Agency staff with Administrator-level permissions will be able to do the following configuration within the Permitting System:
● Build any type of Guide option they wish.
● Configure an unlimited number of internal users. Staff will be able to add and remove users at any time. ● Upload PDF files to create digital forms with overlaid fields or signatures that need to be collected from ● applicants.
● Define fees that need to be collected from applicants. Fees can be defined by a formula that includes numeric variables.
● Require that certain documents need to be uploaded as part of an application process. ● Create a series of templates for common tasks such as inspections or internal reviews. ● Use a logic-driven rules engine to create the different application, review, and inspection processes based on information provided by the applicant. The rules can also be driven by GIS queries. Camino will integrate commission-provided GIS layers into the Permit System. ● Configure the different Record types to be issued. Each Record type can be set to expire after a period of time. A re-application workflow can be defined for each license type and will automatically begin during the expiration window.
● Customize instructions and helper text through a rich text editor. ● Configure Data Fields that can be reused throughout the system in rules, fee calculations and on forms.
Data Fields can be configured with a default value.
● Configure User Fields that will be saved to each Applicant user’s account and auto-populated on new Submissions.
● Create customizable workflows with custom statuses, transitions, and auto-transitions based on task completion.
● Configure tasks or steps to be auto-assigned based on workflow status. ● Configure a set of pre-defined message templates that can be used for messaging within Submissions. ● Manage GIS layers with the Camino Geo Service:
○ Add, remove or view existing layers and history.
134
2 ○ Import layers as shapefiles or through an ESRI URL. ○ Update layer data manually at any frequency.
All Agency staff will be able to do the following (from a desktop or iPad browser):
● View an inbox showing all comments, notes and activity across Submission in the system. ● View a table of all Submissions. Filter and search by any Data Field, User Field or System Field. ○ Create Saved Views based on a specific set of filters. Saved views can be private or global. ○ Export a CSV file of all Submissions
● For each Submission:
○ Update the status within the associated workflow, as long as required steps have been completed.
Required steps and tasks will automatically be added as the workflow advances. ○ Request changes on specific steps for the applicant to re-complete. ○ View the current Applicant’s information and transfer ownership to a new Applicant. ○ View all tasks assigned to the applicant and to internal staff. View task status. ○ Add or remove tasks. Assign tasks to any user and specify a due date. Mark tasks as complete. ○ Manage Reviews:
■ Assign each review to a user or group.
■ Add documents to each review.
■ Share correction letters and markups with the Applicant. ■ If integrated with a 3
rd
-party review system, send and receive documents from that system. ○ Manage Inspections:
○ View all financial transactions and outstanding fees. ■ Refund (partially or fully) fees that have been paid. ■ Manually adjust the value of any fee before it is paid. ■ Add a note to each transaction.
○ Fill out internal forms.
○ View all answers provided by the applicant and all GIS queries that were run against the Submission.
○ View, update, add and remove data fields that were collected during the application. ○ View all documents that were uploaded by the applicant and by other staff. View a date stamp on each document.
○ Upload new documents directly to the submission. If on a tablet or mobile, attach photographs. ○ Issue a Record (Permit or License) to the Submission. View all Records that have been issued to the Submission.
○ Send messages directly to the applicant through any task or application step. Pre-defined message templates can be searched and added.
○ Log private, internal notes on any task or application step or on the Submission directly. ○ View an Activity Feed showing all messages sent, status updates, payment modifications, and automated emails.
○ View a map showing how the Submission address interacts with GIS and parcel attributes. Please note that the map will not show GIS layers aside from parcels. ○ Change or update the address for the Submission.
○ Log time spent working on the Submission for time-tracking purposes. View a history of all logged time by a user.
○ Subscribe to the Submission to receive notifications and updates. ○ Add or remove secondary Applicants.
● Create a new Submission on behalf of an applicant and assign it to their account. 135
3 ● View a table of all Records that have been issued. For each Record, view the expiration status (active, expiring soon, expired) and manually update the expiration date. Void or archive records. ● View a list of all tasks assigned to a user, or all tasks across the system. Sort and filter by status, assignment, due date.
● View all Submissions and Records on a map. Select a location to view all Submission and Records at that address.
● Receive email notifications when an applicant sends a chat message and when a task is assigned to a user.
A notification is also sent when a task nears its due date. ● Integrate a payment processor to process financial transactions through Camino. ● Search, view or export a CSV file of all financial transactions processed or recorded within Camino. ● Customize the list of email notifications that are received based on system activity.
Applicants will be able to do the following:
● Create an account based on an email address. All progress is saved in real-time when logged in. ● View a list of any applications (in progress or submitted) that have been issued. ● Go through a guided application process that starts with a survey. The survey asks for the type of permit, the location, and additional details defined by the Commission. These factors then generate a list of required steps for the applicant to complete.
● Be automatically informed of any location-based restrictions at their address. ● View a checklist-style list of all tasks that have been completed and that are pending. ● Fill out digital forms and sign with a digital signature. ● Upload documents by dragging-and-dropping from their desktop. ● View auto-calculated fees and pay fees via credit card. A transaction fee is applied to all credit card payments, set by the payment processor.
● Send chat messages directly to the agency.
● Receive email notifications when a chat message is sent by the agency, when the application status is updated, and when a Record is issued.
● Camino will allow applicants to schedule inspections through a calendar interface. Calendar invites will be sent to the applicant and inspector.
● View any Records that have been issued to the Submission. ● Receive an email notification when a Record is nearing expiration. The applicant will be invited back to the system to complete any required re-application steps.
Camino currently supports the following integrations out of the box. New integrations can be configured or built using Camino’s API:
● Payment Processors
o Stripe
o Invoice Cloud
o Point and Pay
o Authorize.net
● Plan Review / Markup
o ePlanSoft
o Blue Beam
136
4 Customer Service
Service Level Agreement
Camino offers a web-based platform that is accessible from all major desktop web browsers. Camino currently works on browser versions that are still supported by their parent company. As of the date of this proposal, the list of supported browsers (on Windows, OSX, or Linux) is:
● Chrome
● Firefox
● Internet Explorer / Edge
● Safari
Camino guarantees 24/7 access with 99.9% uptime. Camino will occasionally bring the service down for scheduled maintenance and updates, but never during the hours of 8am-6pm, M – F.
If this agreement is terminated, Camino will (upon request) provide the customer with a full export of all customer data within 30 days of the request and up to 90 days following termination of the agreement.
Technical Support Services
Camino will assign a Customer Success Manager to assist with onboarding, training, and ongoing support. This representative will be the primary point of contact for all requests and issues.
In order to initiate a technical support ticket, the customer must email [email protected], or their designated Account Manager or Implementation Manager. Requests made through other channels are not subject to this SLA.
Camino uses the following incident response levels:
● Level 1: Mission critical error that prevents users from accessing or using the system. ● Level 2: A critical feature is broken.
● Level 3: All other bugs or errors.
When an issue is reported, Camino will respond within 4 hours during the hours of 8am-9pm PST, M-F. The response will include a support ticket and estimated time to fix. Camino targets the following fix times:
● Level 1 incident: 24 hours.
● Level 2 incident: 48 hours.
● Level 3 incident: 5 days.
137
5 CAMINO INC. SOFTWARE SERVICES AGREEMENT
Organization Contact Billing Contact (If Different)
Customer Name: City of Adelanto
Contact Name:
Address:
Telephone:
Email:
Effective Date: July 9, 2023
Scope of Agreement: As outlined in the above proposal.
Fees: Starting at the effective date, the customer will pay an annual fee as outlined in Appendix B for the services outlined in the Summary.
Welcome to Camino! Thanks for using our software. This Software Agreement ("Agreement") is entered between Camino, Inc., with its principal place of business at 2261 Market Street #4302 San Francisco, CA 94114 ("Camino"}, and you, the entity identified above ("Customer"}, as of the Effective Date. This Agreement includes and incorporates the Camino Terms and Conditions attached as Appendix A. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the Camino Terms and Conditions.
Customer Camino
Signature:
Printed Name: Nate Levine
Title: CSO
Date:
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6 Appendix A
Camino Terms and Conditions
1. SOFTWARE SERVICES
1.1 Subject to the terms and conditions of these Camino Terms and Conditions (the "Agreement"), Camino will use commercially reasonable efforts to perform the software services (the "Software Services") identified in the applicable Software Agreement entered into by Camino and Customer ("Software Agreement").
1.2 Customer understands that Camino's performance depends on Customer timely providing Camino with relevant data, feedback and configuration assistance. Any dates or time periods relevant to Camino's Performance will be extended appropriately and equitably to reflect any delays caused by Customer's failure to timely deliver any such materials. Camino shall not be liable for any delays in performance under this Agreement resulting from Customer's failure to meet these obligations.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 This is a contract for access to the Software Services and Customer agrees not to, directly or indirectly:
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software Services, documentation or data related to the Software Services, except to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the Software Services; or copy, rent, lease, distribute, assign, sell, or otherwise commercially exploit, transfer, or encumber rights to the Software Services; or remove any proprietary notices.
2.2 Customer will use the Software Services only in compliance with all applicable laws and regulations (including, but not limited to, any export restrictions).
2.3 Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect to, access or otherwise use the Software Services and Customer shall also be responsible for (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) for all uses of Customer user accounts with or without Customer's knowledge or consent.
3. OWNERSHIP. Camino retains all right, title, and interest in the Software Services and all intellectual property rights (including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature) therein.
3.1 Camino warrants that Camino is the owner of the Software Services and has the right to license it to third parties. Camino will defend, at its expense, any action brought against Customer based on a claim that the Software Services infringe upon a United States or Canadian patent, copyright, trade secret, or other proprietary right of a third party. Camino agrees to indemnify Customer and hold Customer harmless against damages and costs, including attorney's fees, finally awarded against Customer in such actions.
4. CONFIDENTIALITY. Each party (the "Receiving Party") agrees not to disclose (except as permitted herein) any Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent. "Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as "Confidential" or an equivalent designation or that 139
7 should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement).
Camino's Confidential Information includes, without limitation, the software underlying the Software Services and all documentation relating to the Software Services. "Confidential Information" does not include "Public Data," which is data that the Customer has previously released or would be required to release according to applicable federal, state, or local public records laws. The Receiving Party agrees: (i) to use and disclose the Confidential Information only in connection with this Agreement; and (ii) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the foregoing, Confidential Information does not include information that: (i) has become publicly known through no breach by the receiving party; (ii) was rightfully received by the receiving party from a third party without restriction on use or disclosure; or (iii) is independently developed by the Receiving Party without access to such Confidential Information. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party.
5. PAYMENT OF FEES. The fees for the Software Services ("Fees") are set forth in the applicable Software Agreement. Customer shall pay all Fees within thirty (30) days after the date of Camino's invoice (which Camino typically sends 45 days after the Effective Date).
6. TERM & TERMINATION
6.1 Subject to compliance with all terms and conditions, the first term of this Agreement shall be from the Effective Date and shall continue for a period of thirty-six (36) months. At the termination of the initial term, the Customer will have the option to renew this agreement for subsequent twelve (12) month terms. The customer will be billed on an annual basis for each twelve (12) month term, and either party may terminate this Agreement at the end of the applicable term, without penalty, with thirty (30) days prior written notice. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in the case of non-payment), the non-breaching party may terminate this Agreement immediately upon notice.
6.2 Upon termination, Customer will pay in full for all Software Services performed up to and including the effective date of termination. Upon any termination of this Agreement: (a) all Software Services provided to Customer hereunder shall immediately terminate; and (b) each party shall return to the other party or, at the other party's option, destroy all Confidential Information of the other party in its possession.
6.3 All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
7. WARRANTY AND DISCLAIMER
7.1 Camino represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Software Services shall be performed in a professional and workmanlike manner in accordance with generally prevailing industry standards.
7.2 Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; (ii) it owns all right, title, and interest in and to all data provided to Camino for use in and in connection with this Agreement, or possesses the necessary authorization thereto; and (iii) Camino's use of such materials in connection with the Software Services" will not violate the rights of any third party. 140
8 7.3 CAMINO DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND CAMINO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES,
REPRESENTATIVES, CONTRACTORS AND EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT
TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF
USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9. MISCELLANEOUS. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning set forth in the applicable Software Agreement. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. With the Customer’s approval, Camino shall have the right to use and display Customer's logos and trade names for marketing and promotional purposes in connection with Camino's website and marketing materials, subject to Customer's trademark usage guidelines (as provided to Camino). If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable or transferable by either party without the other party's prior written consent, provided however that either party may assign this Agreement to a successor to all or substantially all of its business or assets.
This Agreement (including the Software Agreement) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of California without regard to its conflict of laws provisions. Jurisdiction of any litigation arising from the Agreement will be in San Mateo County.
10. INSURANCE. Camino shall maintain for the duration of this Agreement the following insurance:
10.1 Commercial General Liability including coverage for premises, products -and completed operations, independent contractors/vendors, personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence.
10.2 Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability: (1) Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and 141
9 (2) Primary Property Damage of at least $250,000 per occurrence; or (3) Combined single limits of $1,000,000 per occurrence.
10.3 Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. 142
10 Appendix B
Fees
Item Includes Cost
Camino Permit System
● Unlimited external users
● Includes unlimited
submission types
● Features outlined in
proposal
$45,000 / year
Annual subscription price valid for
the term of agreement
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11 CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: August 23, 2023
TO: Honorable Mayor and City Council Members
FROM:
BY:
Jessie Flores, City Manager
Angel Castellanos, Director of Finance
SUBJECT: CONSIDERATION OF AMENDMENT NO.4 TO THE PROFESSIONAL CONSULTANT
SERVICES AGREEMENT WITH LOCAL EQUITY LLC TO EXTEND THE CONTRACT TERM TWELVE MONTHS (THROUGH AUGUST 31, 2024) AND INCREASE TOTAL COMPENSATION.
STAFF RECOMMENDATION:
Staff Recommends the City Council approve Amendment No. 4 to the Professional Consultant Services Agreement with Local Equity LLC to extend Section 3.1.2 Term on the attached Agreement for twelve (12) months with an increased compensation of One Hundred and Fifty Thousand Dollars ($150,000).
BACKGROUND:
On October 14, 2021, the City Manager entered into a Professional Consultant Services Agreement (“Agreement”) with Local Equity LLC to provide professional economic development consulting services for six months from October 1, 2021 through March 31, 2022. On March 29, 2022, the City Council approved the First Amendment to the Agreement, extending the services through August 31, 2022. On October 12, 2022, the City Council approved the Second Amendment to the Agreement, extending the services through February 28, 2023, and on March 23, 2023, the City Council approved the Third Amendment to the agreement, with the ability to authorize extra work where needed.
The Fourth Amendment will extend the Term of the Agreement by twelve (12) months and shall commence on September 1, 2023, through August 31, 2024.
The amendment to the monthly retainer fee of Twelve Thousand Five Hundred Dollars ($12,500) per month. Under the Fourth Amendment, the Consultant shall receive One Hundred and Fifty Thousand Dollars ($150,000) in total compensation. The total compensation amount under both the Master Agreement and the First, Second, Third and Fourth Amendments is a total not-toexceed amount of Three Hundred Thirty Thousand dollars ($330,000). Extra work may be authorized, as described in the Master Agreement, and if authorized, will be compensated at the rates and manner set forth in the Master Agreement.
The approved contract provided that Local Equity LLC would perform the following services:
144
I. ECONOMIC DEVELOPMENT SUPPORT AND ASSISTANCE: Local Equity LLC shall work with the City of Adelanto (“City”) to attract capital providers and developers of infrastructure, housing, manufacturing, distribution facilities, and Cannabis facilities.
A. Technical Assistance and Financial Capacity Increase: Local Equity will provide the following support to the City of Adelanto.
1. Client Attraction:
a) Participation in meetings with large corporations that want to invest in the City.
b) Support the City with direct marketing efforts to corporations that are a fit with the city's goals and objectives.
2. Natural Preservation and Mitigation:
a) In collaboration with the City, work on preparation and mitigation strategies of the Joshua Tree.
3. Project Financing:
a) Engage in discussions about projects that have high community impact to understand the financing needs. Educate staff and investors about available alternative financing options. This includes City owned infrastructure assets.
b) Engage with local lenders and philanthropy to ascertain the level of interest and assemble a debt/ equity target group for specific projects. c) Support the City in the development and improvement of the Wastewater facility.
d) Engage with County, State, and Federal government to position projects for grants/loan support.
e) Collaborate with CDFIs, CDEs, and other NGOs on alternative financing. f) Support the City in creating materials and documentation required to apply for, process, and maintain loans, bonds, and philanthropic capital- as requested.
4. Stakeholder collaboration:
a) Upon request by the client, engage with other public agencies or non - profits to promote a healthy and collaborative support mechanism for project specific needs.
5. Water and Sewer Expansion Negotiations:
a) Upon request by the client, engage with water and sewer agencies to evaluate possible grants, bonds, and other revenue sources for expansion.
b) Review reports related to sewer re-rating efforts and future expansion c) Review documentation for future water well expansion.
B. Developer / Investor Support - Not Included
1. Local Equity may contract with local developers and investors to advance their projects in Adelanto, help attract debt and equity financing, and act as local intermediary. Such costs will be carried by the 3rd party with no 145
impact to the client (The City of Adelanto).
C. Based on current discussions, Local Equity estimates the scope of this work at an average of 40 hours/week.
Information on Local Equity LLC is below:
Dr. Gil Keinan is experienced and qualified to provide professional consulting services as it relates to real estate finance and economic development. Dr. Keinan is the Managing Director of Local Equity LLC, an economic development organization and finance lender that provides financial solutions to community priority projects in the Inland Empire and the Central Coast. Dr. Keinan also co-founded HObsequio, a hotel asset management and advisory firm. He previously served as FUSE Executive Fellow with the County of San Bernardino, leading efforts to attract investment into 57 low-income Opportunity Zone census tracts.
Dr. Keinan’s background includes expertise in real estate with known management and investment firms. His hands-on operational insights from Four Seasons Hotels, coupled with strong comfort in marketing, management, development and value creation in private equity, enabled him to lead complicated deals to successful exits. Overall, Dr. Keinan provided leadership to over $2 billion in asset management and supported over $1 billion in transaction volume.
Dr. Keinan studied the impact of management groups on hotel sales value as part of his doctoral dissertation research at Pepperdine University. He received his M.B.A. from the University of San Francisco, and is a graduate of the University of Surrey (United Kingdom) School of Hospitality Management.
Dr. Keinan is frequently contacted as a resourceful leader for input on multiple non-profits, industry groups, and academia. He serves on the board of directors of the Neighborhood Housing Services of Inland Empire, is a member of the National Real Estate Investor Association, Discover Inland Empire Tourism Association, California Association of Local Economic Development, the American Real Estate Society, Urban Land Institute, and the Hospitality Asset Managers Association. His greatest strength is his ability to creatively untangle ‘hairy’ situations, while building long lasting relationships that provide value to his employees, clients, and partners. He has lived in seven countries and speaks multiple languages and enjoys discussing the intersection of macro- and micro-economic trends.
Dr. Gil Keinan has been instrumental in the Civic Center Campus Development, economic development projects and valuable with grants qualifications. To continue the on-going progress and build upon these achievements, it is recommended to amend the Master Agreement to extend the Term and increase compensation.
FISCAL IMPACT:
For Fiscal year 2024, the net cost of the Amendment No. 4 is $75,000 and will included in the budget For Fiscal Year 2024, and $75,000 will be included in the APUA budget for Fiscal Year 2024 budget.
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ATTACHMENTS:
1. Fourth Amendment to Professional Consultant Service Agreement
2. Third Amendment to Professional Consultant Service Agreement
3. Second Amendment to Professional Consultant Service Agreement
4. First Amendment to Professional Consultant Service Agreement
5. Master Agreement
6. Local Equity LLC Scope of Services
147
CITY OF ADELANTO
AMENDMENT NO. AMENDMENT # 4 TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
This is Amendment No. 4 (“Amendment No.4”) to that certain PROFESSIONAL CONSULTANT SERVICES AGREEMENT (“Agreement”) made on [14TH Day Of October, 2021] between the City of Adelanto (“City”) and [Local Equity LLC] (“Consultant”), which this Amendment No. 4 is made and entered into on 23rd Day of August, 2023 to extend the professional economic development consulting services, increase the scope of work and increase the compensation amount:
1. Capitalized terms used but not defined in this Amendment No. 4 shall have the meanings ascribed to them in the Agreement.
2. 3.1.2, “Scope of Services and Term” is amended to read as follows:
Term of Services. The term of this Agreement shall begin on September 1, 2023 and shall end on August 31, 2024 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 3.6.1. The time provided to [Consultant/Contractor] to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section
3.6.1. SECTION 2, “Compensation” is amended to read as follows, increasing the contract amount by: One Hundred Fifty Thousand dollars ($150,000.00) or approximately twelve thousand five hundred dollar ($12,500.00) per month.
SECTION 2. COMPENSATION.
City hereby agrees to pay [Consultant] a sum not to exceed Three Hundred and Thirty Thousand dollars ($330,000.00) notwithstanding any contrary indications that may be contained in [Consultant]’s proposal, for the Services to be performed payments specified below shall be the only payments from City to [Consultant] for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. 148
AMENDMENT NO. 4
Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay [Consultant] for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide PROFESSIONAL CONSULTANT SERVICES in the amount not to exceed THREE HUNDRED THIRTY HOUSAND DOLLARS ($330,000.00) as further detailed in the following page(s).
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 4 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
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AMENDMENT NO. 4
CITY:
CITY OF ADELANTO
By:__________________________________
Jessie Flores, City Manager
Date:
APPROVED AS TO FORM:
By:__________________________________
Todd Litfin, City Attorney
Date:
CONSULTANT:
LOCAL EQUITY, LLC
By:_____________________________
Name:_________________________
Title: ___________________________
Date:
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EXHIBIT "A"
SCOPE OF SERVICES
ECONOMIC DEVELOPMENT SUPPORT AND ASSISTANCE:
Local Equity LLC shall work with the City of Adelanto to attract capital providers and developers of infrastructure, housing, manufacturing, distribution facilities, and Cannabis facilities.
Technical Assistance and Financial Capacity Increase
Local Equity will provide the following support to the City of Adelanto. • Client Attraction:
- Participation in meetings with large corporations that want to invest in the city. - Support the city with direct marketing efforts to corporations that are a fit with the city’s goals and objectives.
• Project Financing:
- Engage in discussions about projects that have high community impact to understand the financing needs. Educate staff and investors about available alternative financing options. This includes City owned infrastructure assets.
- Engage with local lenders and philanthropy to ascertain the level of interest and assemble a debt/equity target group for specific projects.
- Support the city in the development and improvement of the Wastewater facility - Engage with County, State, and Federal government to position projects for grants/loan support. - Collaborate with CDFIs, CDEs, and other NGOs on alternative financing - Support the city in creating materials and documentation required to apply for, process, and maintain loans, bonds, and philanthropic capital- as requested. • Stakeholder collaboration:
- Upon request by the client, engage with other public agencies or non-profits to promote a healthy and collaborative support mechanism for project specific needs.
Based on current discussions, Local Equity estimates the scope of this work at an average of 30 hours/week.
• Water/sewer scope:
- Act as convener to City staff, consultants, vendors (PERC), and third-party agencies to advance improvements and collaboration in the area of water and sewer infrastructure. This may include:
- Grant Application and management
- Special district formation
- Feasibility analysis and masterplans
- George Air Force Base Plume
- Sewer and water capacity increase
Developer/Investor Support – Not Included
Local Equity may contract with local developers and investors to advance their projects in Adelanto, help attract debt and equity financing, and act as local intermediary. Such costs will be carried by the 3rd party with no impact to the client (The City of Adelanto) 151
CITY OF ADELANTO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 14th day of October, 2021, by and between the City of Adelanto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 11600 Air Expressway, Adelanto, CA 92301 ("City") and Local Equity LLC a Limited Liability Company, with its principal place of business at 603 N. Euclid Avenue Ontario, CA 91762 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional economic development consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional economic development services, and is familiar with the plans of the City.
2.2 Project.
City desires to engage Consultant to render such professional economic development consulting services for the communications by the City with residents and the public ("Project") as set forth in this Agreement,
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to hilly and adequately supply the professional public affairs and creative communication support services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October 1, 2021 to March 31. 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing 1 OMLO: October 2018
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the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees , or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement is as follows: Mr. Gil Keinan.
3.2.3 3.2.4 City's Representative. The City hereby designates Jessie Flores, City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.5 Consultant's Representative. Consultant hereby designates Mr. Gil .
Keinan, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and 2 OMLO: October 2018
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subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 l ime for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.9.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
Commercial General Liability:
Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid inside the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(A) Commercial General Liability
Workers' Compensation/Employer’s Liability:
Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation/Employer’s Liability Insurance in accordance with this section. (B) Workers'
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Professional Liability (Errors & Omissions) Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusionsthat may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(C)
3.2.9.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Workers' Compensation:
Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. a)
Waiver of Subrogation: A waiver of subrogation stating
that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(2)
(B) Professional Liability (Errors & Omissions):
Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. a)
Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of’the insured and include a provision establishing the insurer’s duty to defend. (2)
3.2.9.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.9.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.2.9.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.9.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City.
If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.9.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.9.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.9.10 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.9.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.9.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (A)
(B) Such insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of all services under this Agreement. 5 OMLO: October 2018
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If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of all services under this Agreement.
(C)
3.2.9.13 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
3.2.9.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies.
All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable.
TheConsultant shall provide satisfactory evidence of compliance with thissection upon request ofthe City,
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, butshall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and othersafety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3,2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.10.1 Standard of Care.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements,for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty thousand dollars ($30,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe 6 OMLO: October 2018
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the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
Rate Increases. In the event that this Agreement is renewed pursuant to Section
3.1.2, the rate set forth in Exhibit “B” may be adjusted each year at the time of renewal as set forth in Exhibit “B”.
3.3.5 3.4 California Labor Code Provisions.
Prevailing Wage Law. Consultant is aware of the requirements of CaliforniaLabor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at theConsultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.1 3.4.2 Registration. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
3.5 Accounting Records.
Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant OMLO: October 2018
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to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Gil Keinan
603 N, Euclid Ave.
Ontario, CA 91762
City: City of Adelanto
11600 Air Expressway
Adelanto, California 92301
Attn: Brenda Lopez, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.6.2 Ownership of Materials and Confidentiality.
Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultantshall require all subconsultantsto agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.1 3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unlessthe City'slegal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
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3.6.5 Indemnification.
3.6.5.1 counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend (with
3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim,suit, action or other proceeding. Such reimbursement shall include payment for City's attorney'sfees and costs, including expert witness fees. Consultantshall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent 10 OMLO: October 2018
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of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction: References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in foil force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Kqual Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By itssignature hereunder, Consultant certifiesthat it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultantshall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF ADELANTO LOCAL EQUITY LLC
/
By: \ u By:
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#ieNrlores f
-
£ity Manager
Gil Keinan
President
V
ATTEST:
By:
Brenda Lopez TJ
City Clerk
APPROVED AS TO FORM:
By:
Marc Tran
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
ECONOMIC DEVELOPMENT SUPPORT AND ASSISTANCE:
Local Equity LLC shall work with the City of Adelanto to attract capital providers and developers of infrastructure, housing, manufacturing, distribution facilities, and Cannabis facilities.
Technical Assistance and Financial Capacity Increase
Local Equity will provide the following support to the City of Adelanto. •Client Attraction:
- Participation in meetings with large corporationsthat want to invest in the city. - Support the city with direct marketing efforts to corporations that are a fit with the city's goals and objectives.
•Natural Preservation and Mitigation:
- In collaboration with the city, work on preparation and mitigation strategies of the Joshua Tree. •Project Financing:
- Engage in discussions about projects that have high community impact to understand the financing needs. Educate staff and investors about available alternative financing options. This includes City owned infrastructure assets.
- Engage with local lenders and philanthropy to ascertain the level of interest and assemble a debt/equity target group for specific projects.
- Support the city in the development and improvement of the Wastewater facility - Engage with County, State, and Federal government to position projects for grants/ loan support.
- Collaborate with CDFIs, CDEs, and other NGOs on alternative financing - Support the city in creating materials and documentation required to apply for, process, and maintain loans, bonds, and philanthropic capital- as requested. •Stakeholder collaboration:
- Upon request by the client, engage with other public agencies or non-profitsto promote a healthy and collaborative support mechanism for project specific needs.
Based on current discussions, Local Equity estimates the scope of this work at an average of 30 hours/week.
Developer/Investor Support - Not Included
Local Equity may contract with local developers and investors to advance their projects in Adelanto, help attract debt and equity financing, and act as local intermediary. Such costs will be carried by the 3rd party with no impact to the client (The City of Adelanto] 164
EXHIBIT "B"
COMPENSATION
Compensation not to exceed Thirty Thousand Dollars. ($30,000.00) Local Equity LLC fee amount of $30,000 billed at monthly retainer fee of $6,000 over a 5 month contract period from October 1, 2021 to February 28, 2022. 165
166
167
168
169
170
171
1 2022
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Professional Economic Development Consulting Services) (Parties: City of Adelanto and Local Equity, LLC.)
THIS SECOND AMENDMENT (hereinafter, “Second Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated October 14, 2021 (hereinafter, “Master Agreement”), is hereby made and entered into this 12th day of October, 2022 (hereinafter, “Effective Date”), by and between CITY OF ADELANTO, a municipal corporation (hereinafter, “City”) and LOCAL EQUITY, LLC. (hereinafter, “Consultant”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.
RECITALS
This Second Amendment is made and entered into with respect to the following facts:
WHEREAS, on October 14, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide professional economic development consulting services; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter, “First Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of March 29, 2022, to extend the Term and expand the Compensation; and
WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment, may be referred to collectively as the “Master Agreement.” The Master Agreement is attached and incorporated hereto as Exhibit “A”; and WHEREAS, the Parties now wish to further extend the Term; and WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total Not-to-Exceed Sum of SIXTY THOUSAND DOLLARS ($60,000) for all work contemplated under the Master Agreement (hereinafter, “Not-to-Exceed Sum”); and WHEREAS, the Parties wish to increase the total Not-to-Exceed Sum of SIXTY THOUSAND DOLLARS ($60,000) by SIXTY THOUSAND DOLLARS ($60,000), for a new total Not-to-Exceed Sum of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000) to cover the extended term of the Agreement.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 3.1.2 (TERM) of the Master Agreement is further amended to extend the Term of the Agreement for an additional six (6) months commencing as of September 1, 2022 through February 28, 2023.
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2 SECTION 2. Section 3.3.1 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed a monthly not-to-exceed amount of TEN THOUSAND DOLLARS ($10,000) (hereinafter “Monthly Not-to-Exceed”) for a total not-to-exceed compensation of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000) (hereinafter “Total Compensation”).
SECTION 3. Except as otherwise set forth in this Second Amendment, the Master Agreement as previously amended by way of the First Amendment shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Second Amendment together with the Master Agreement and the First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents. In the event of a conflict or inconsistency between the provisions of this Second Amendment, including any and all attachments to this Second Amendment and the provisions of the Master Agreement or the First Amendment, the provisions of the Second Amendment shall govern and control but only to the extent of the conflict and no further.
SECTION 4. The provisions of this Second Amendment shall be deemed a part of the Master Agreement as previously amended by way of the First Amendment and except, as otherwise provided under this Second Amendment, the Master Agreement as previously amended by way of the First Amendment, and all provisions contained therein shall remain binding and enforceable.
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3 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF ADELANTO
By:__________________________________
Jessie Flores, City Manager
Date:
APPROVED AS TO FORM:
By:__________________________________
Marc Tran, City Attorney
Date:
CONSULTANT:
LOCAL EQUITY, LLC.
By:_____________________________
Name:_________________________
Title: ___________________________
Date:
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4 EXHIBIT “A”
MASTER AGREEMENT
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FIRST AMENDMENT TO PROFESSIONAL CONSUTA_NT SERVICES AGREEMENT THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that "Professional Consultant Services Agreement" dated October 14, 2021 (hereinafter, the "Master Agreement") by and between the CITY OF ADELANTO. a California municipal corporation (hereinafter, "City") and LOCAL EQUITY LLC, a California Limited liability Company (hereinaller, "Consultant"), is hereby made and entered into this 21' day of March, 2022 ("Effective Date").
For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The term "Party" may refer to either City or Consultant, interchangeably as appropriate.
RECITALS
This FIRST AMENDMENT is made and entered into with respect to the following facts:
WHEREAS, on October 14, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide professional economic development consulting services according to the terms and conditions set forth in the Master Agreement terminating on March 31, 2022; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A" and amended by way of this First Amendment; and
WHEREAS, the Parties further wish to amend the Master Agreement to extend the term and increase compensation.
AGREEM VILL
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
I Recitals. The preceding recitals are hereby incorporated herein by this reference and are expressly made as covenants of this Agreement. The foregoing recitals arc true and correct.
2. Term. The Parties hereby amend Section 3.1.2 of the Master Agreement to read as follows:
The First Amendment shall add the following paragraph number two (2) to read as follows:
The term of this Agreement shall be extended five (5) months by the First Amendment to the Master Agreement and shall commence on April 1, 2022 to August 31, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other 176
established schedules and deadlines.
Therefore, the Master Agreement shall read in its entirety as follows:
The term of this Agreement shall be from October 1, 2021 to March 31, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
The term of this Agreement shall he extended five (5) months by the First Amendment to the Master Agreement and shall commence on April 1, 2022 to August 31, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3. Compensation. The Parties hereby amend Section 3.3.1 of the Master Agreement to read as follows:
The First Amendment shall add the following paragraph number two (2) to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services performed under this Agreement at the same monthly retainer fee of Six Thousand Dollars ($6,000) per month. Under the First Agreement, the Consultant shall receive Thirty Thousand Dollars ($30,000) in compensation. The total compensation not-to-exceed amount under both the Master Agreement and the First Amendment is Sixty Thousand Dollars ($60,000). Extra work may be authorized, as described in the Master Agreement, and if authorized, will be compensated at the rates and manner set forth in the Master Agreement.
Therefore, the Master Agreement shall read in its entirety as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at rates set forth in Exhibit "B" attached hereto and incorporated by reference. The total compensation shall not exceed Thirty Thousand Dollars ($30,000) without written approval of the City Council or City Manager as applicable. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
Consultant shall receive compensation, including authorized reimbursements, for all Services performed under this Agreement at the same monthly retainer te-e of Six Thousand Dollars ($6,000) per month. Under the First Agreement, the Consultant shall receive Thirty Thousand Dollars ($30,000) in compensation. The total compensation not-to-exceed amount under both the Master Agreement and the First Amendment is Sixty Thousand Dollars ($60,000). Extra work may be -2-
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authorized, as described in the Master Agreement, and if authorized, will be compensated at the rates and manner set forth in the Master Agreement. 4 Entire Agreement. The Master Agreement, together with this First Amendment, embodies the entire understanding between Consultant and City with respect to its subject matter and can be changed only by an instrument in writing signed by Consultant and City.
5. Effect of Amendment. The term "Agreement" when used in this First Amendment or the Master Agreement shall mean the Master Agreement as amended, modified, and supplemented by this First Amendment unless the context would require otherwise. Except to the extent the Master Agreement is modified by this First Amendment, the remaining terms and conditions of the Master Agreement shall remain unmodified and in full force and effect. In the event of conflict, between the terms and conditions of the Master Agreement and the terms and conditions of this First Amendment, the terms and conditions of this First Amendment shall prevail and control.
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IN WITNESS WHEREOF, this First Amendment has been executed as of the day and year first set forth above.
CITY OF ADELANTO: LOCAL EQUITY LLC:
Gabriel Reyes, Mayor (ill Kellum, President
Date: March 29, 2022 Date: la 3 /10200/Z
ATTEST:
61)44, lwapsda_
Brenda Lopez
City Clerk
Date: March 29, 2022
APPROVED AS TO FORM:
M• rc Tran, City Attorney
Olivarez Madruga Lemieux O'Neill
-4-
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N1AS1ER AGREENIENT
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CITY OF ADELANTO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 14th day of October, 2021, by and between the City of Adelanto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 11600 Air Expressway, Adelanto, CA 92301 ("City") and Local Equity LLC a Limited Liability Company, with its principal place of business at 603 N. Euclid Avenue Ontario, CA 91762 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional economic development consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional economic development services, and is familiar with the plans of the City.
2.2 Project.
City desires to engage Consultant to render such professional economic development consulting services for the communications by the City with residents and the public ("Project") as set forth in this Agreement,
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to hilly and adequately supply the professional public affairs and creative communication support services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October 1, 2021 to March 31. 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing 1 OMLO: October 2018
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the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees , or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement is as follows: Mr. Gil Keinan.
3.2.3 3.2.4 City's Representative. The City hereby designates Jessie Flores, City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.5 Consultant's Representative. Consultant hereby designates Mr. Gil .
Keinan, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and 2 OMLO: October 2018
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subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 l ime for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.9.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
Commercial General Liability:
Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid inside the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(A) Commercial General Liability
Workers' Compensation/Employer’s Liability:
Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation/Employer’s Liability Insurance in accordance with this section. (B) Workers'
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Professional Liability (Errors & Omissions) Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusionsthat may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(C)
3.2.9.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Workers' Compensation:
Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. a)
Waiver of Subrogation: A waiver of subrogation stating
that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(2)
(B) Professional Liability (Errors & Omissions):
Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. a)
Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of’the insured and include a provision establishing the insurer’s duty to defend. (2)
3.2.9.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.9.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.2.9.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.9.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City.
If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.9.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.9.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.9.10 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.9.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.9.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (A)
(B) Such insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of all services under this Agreement. 5 OMLO: October 2018
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If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of all services under this Agreement.
(C)
3.2.9.13 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
3.2.9.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies.
All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable.
TheConsultant shall provide satisfactory evidence of compliance with thissection upon request ofthe City,
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, butshall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and othersafety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3,2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.10.1 Standard of Care.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements,for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty thousand dollars ($30,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe 6 OMLO: October 2018
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the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
Rate Increases. In the event that this Agreement is renewed pursuant to Section
3.1.2, the rate set forth in Exhibit “B” may be adjusted each year at the time of renewal as set forth in Exhibit “B”.
3.3.5 3.4 California Labor Code Provisions.
Prevailing Wage Law. Consultant is aware of the requirements of CaliforniaLabor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at theConsultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.1 3.4.2 Registration. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
3.5 Accounting Records.
Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant OMLO: October 2018
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to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Gil Keinan
603 N, Euclid Ave.
Ontario, CA 91762
City: City of Adelanto
11600 Air Expressway
Adelanto, California 92301
Attn: Brenda Lopez, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.6.2 Ownership of Materials and Confidentiality.
Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultantshall require all subconsultantsto agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.1 3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unlessthe City'slegal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
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3.6.5 Indemnification.
3.6.5.1 counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend (with
3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim,suit, action or other proceeding. Such reimbursement shall include payment for City's attorney'sfees and costs, including expert witness fees. Consultantshall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent 10 OMLO: October 2018
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of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction: References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in foil force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Kqual Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By itssignature hereunder, Consultant certifiesthat it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultantshall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF ADELANTO LOCAL EQUITY LLC
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By: \ u By:
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#ieNrlores f
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Gil Keinan
President
V
ATTEST:
By:
Brenda Lopez TJ
City Clerk
APPROVED AS TO FORM:
By:
Marc Tran
City Attorney
1 2 OMLO:October 2018
193
EXHIBIT "A"
SCOPE OF SERVICES
ECONOMIC DEVELOPMENT SUPPORT AND ASSISTANCE:
Local Equity LLC shall work with the City of Adelanto to attract capital providers and developers of infrastructure, housing, manufacturing, distribution facilities, and Cannabis facilities.
Technical Assistance and Financial Capacity Increase
Local Equity will provide the following support to the City of Adelanto. •Client Attraction:
- Participation in meetings with large corporationsthat want to invest in the city. - Support the city with direct marketing efforts to corporations that are a fit with the city's goals and objectives.
•Natural Preservation and Mitigation:
- In collaboration with the city, work on preparation and mitigation strategies of the Joshua Tree. •Project Financing:
- Engage in discussions about projects that have high community impact to understand the financing needs. Educate staff and investors about available alternative financing options. This includes City owned infrastructure assets.
- Engage with local lenders and philanthropy to ascertain the level of interest and assemble a debt/equity target group for specific projects.
- Support the city in the development and improvement of the Wastewater facility - Engage with County, State, and Federal government to position projects for grants/ loan support.
- Collaborate with CDFIs, CDEs, and other NGOs on alternative financing - Support the city in creating materials and documentation required to apply for, process, and maintain loans, bonds, and philanthropic capital- as requested. •Stakeholder collaboration:
- Upon request by the client, engage with other public agencies or non-profitsto promote a healthy and collaborative support mechanism for project specific needs.
Based on current discussions, Local Equity estimates the scope of this work at an average of 30 hours/week.
Developer/Investor Support - Not Included
Local Equity may contract with local developers and investors to advance their projects in Adelanto, help attract debt and equity financing, and act as local intermediary. Such costs will be carried by the 3rd party with no impact to the client (The City of Adelanto] 194
EXHIBIT "B"
COMPENSATION
Compensation not to exceed Thirty Thousand Dollars. ($30,000.00) Local Equity LLC fee amount of $30,000 billed at monthly retainer fee of $6,000 over a 5 month contract period from October 1, 2021 to February 28, 2022. 195
1 2023
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Professional Economic Development Consulting Services) (Parties: City of Adelanto and Local Equity, LLC)
THIS THIRD AMENDMENT (hereinafter, “Third Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated October 14, 2021 (hereinafter, “Master Agreement”), is hereby made and entered into this 22nd day of March, 2023 (hereinafter, “Effective Date”), by and between CITY OF ADELANTO, a municipal corporation (hereinafter, “City”) and LOCAL EQUITY, LLC (hereinafter, “Consultant”). For purposes of this Third Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.
RECITALS
This Third Amendment is made and entered into with respect to the following facts:
WHEREAS, on October 14, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide professional economic development consulting service for six months from October 1, 2021 to March 31, 2022 for a total not exceeding thirty thousand dollars ($30,000.00) or approximately five thousand dollars ($5,000) per month; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter “First Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of March 29, 2022, to expand the general Scope of Services, extend the Term by five months from April 1, 2022 to August 31, 2022, and to increase the overall compensation by a total not exceeding thirty thousand dollars ($30,000.00) or approximately six thousand dollars ($6,000.00) per month; and
WHEREAS, the Master Agreement was later amended by way of a second amendment (hereinafter “Second Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of October 12, 2022, to expand the general Scope of Services, extend the Term by six (6) months from September 1, 2022 to February 28, 2023, and to increase the overall compensation by a total not exceeding sixty thousand dollars ($60,000.00) or approximately ten thousand dollars per month; and
WHEREAS, for purposes of this Third Amendment, the Master Agreement as amended by way of the First and Second Amendment, may be referred to collectively as the “Master Agreement.” The Master Agreement is attached and incorporated hereto as Exhibit “A”; and WHEREAS, the Parties now wish to further extend the Term and further increase the compensation; and
WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total Not-to-Exceed Sum of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000) for all work contemplated under the Master Agreement (hereinafter, “Not-to-Exceed Sum”); and WHEREAS, the Parties wish to increase the total Not-to-Exceed Sum of ONE HUNDRED 196
2 TWENTY THOUSAND DOLLARS ($120,000) by SIXTY THOUSAND DOLLARS ($60,000), for a new total Not-to-Exceed Sum of ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000) to cover the extended term of the Agreement.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 3.1.2 (TERM) of the Master Agreement is further amended to extend the Term of the Agreement for an additional six (6) months commencing as of March 1, 2023 through August 31, 2023.
SECTION 2. Section 3.3.1 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, excluding authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” which is attached and incorporated hereto. The total compensation shall not exceed a monthly notto-exceed amount of Ten Thousand Dollars ($10,000) (hereinafter “Monthly Not-toExceed”) for a total not-to-exceed compensation of One Hundred Eighty Thousand Dollars ($180,000) (hereinafter “Total Compensation”).
SECTION 3. Except as otherwise set forth in this Third Amendment, the Master Agreement as previously amended by way of the First and Second Amendment shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Third Amendment together with the Master Agreement and the First and Second Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents. In the event of a conflict or inconsistency between the provisions of this Third Amendment, including any and all attachments to this Third Amendment and the provisions of the Master Agreement or the First and Second Amendment, the provisions of the Third Amendment shall govern and control but only to the extent of the conflict and no further.
SECTION 4. The provisions of this Third Amendment shall be deemed a part of the Master Agreement as previously amended by way of the First and Second Amendment and except, as otherwise provided under this Third Amendment, the Master Agreement as previously amended by way of the First and Second Amendment, and all provisions contained therein shall remain binding and enforceable.
[SIGNATURES ON NEXT PAGE]
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3 IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF ADELANTO
By:__________________________________
Jessie Flores, City Manager
Date:
APPROVED AS TO FORM:
By:__________________________________
Marc Tran, City Attorney
Date:
CONSULTANT:
LOCAL EQUITY, LLC
By:_____________________________
Name:_________________________
Title: ___________________________
Date:
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4 EXHIBIT “A”
MASTER AGREEMENT
199
CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: August 23, 2023
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: APPROVE AMENDMENT ONE TO THE AS NEEDED BUILDING AND SAFETY
SERVICES CONTRACT TO INFRASTRUCTURE ENGINEERS IN THE NOT TO EXCEED AMOUNT OF $1,250,000 AND CHANGE THE TERM OF THE CONTRACT TO A
MONTH-TO-MONTH BASIS
STAFF RECOMMENDATION:
Staff recommends City Council approve amendment number one (1) to the As-Needed Building and Safety Services contract to Infrastructure Engineers (IE) in the not to exceed amount of $1,250,000 and change the term of the contract to a month-to-month basis.
BACKGROUND:
Last year The City of Adelanto advertised for Professional Services related to Building and Safety services, and on July 13th, 2022, The City of Adelanto contracted with Infrastructure Engineers(“IE”) for Building and Safety services to administer the City of Adelanto’s (“The City”) building and construction inspection needs. While engaged with The City this past year IE has overseen the private construction and permitting within The City. Maintaining building standards and ensuring that structures are built according to The City’s prescribe building standards is an essential function of governance.
The original contract ended on June 30th, 2023, therefore an amendment is required to extend the service period and not to exceed amount to $1,250,000 in order to continue the contract with IE.
The City continues to experience growth in various areas of building including, housing, commercial, solar farms, and distribution areas. Building and Safety staff are also responsible for the continued implementation of the online permitting system the City is now using and moving forward to a payment processing through the system.
FISCAL IMPACT:
Building and Safety Services will be added to the upcoming Fiscal Year 2023-2024 budget ATTACHMENTS:
A. Amendment 1
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CITY OF ADELANTO
AMENDMENT NO. 1 TO
AS NEEDED, ON CALL BUILDING AND SAFETY SUPPORT SERVICES This is Amendment No. 1 (“Amendment No. 1”) to that certain AS NEEDED, ON CALL BUILDING AND SAFETY SUPPORT SERVICES (“Agreement”) made on July 13, 2022, between the City of Adelanto (“City”) and Infrastructure Engineers (“Consultant”), which this Amendment No. 1 is made and entered into on August 23, 2023, to EXTEND THE TERMS OF SERVICE AND INCREASE THE TOTAL COMPENSATION:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. 1.1 TERM:
Term of Services. The term of this Agreement shall begin on July 1, 2023, and shall end on June 30, 2024, unless the term of the Agreement is otherwise terminated or extended as provided for in Section V.5.1. The time provided to consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section V.
3. 1.4 COMPENSATION:
Compensation. City hereby agrees to pay Consultant a sum not to exceed ONE MILLION TWO HUNDRED AND FIFITY THOUSAND DOLLARS ($1,250,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
201
AMENDMENT NO. 1
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide AS NEEDED ON-CALL BUILDING AND SAFETY SUPPORT SERVICES in the amount not to exceed ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLAR ($1,250,000.00) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
202
AMENDMENT NO. 1
CITY OF ADELANTO:
By:_______________________________
Name:_Jessie Flores_________________
Title:_City Manager__________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Todd Litfin, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:_Sid Mousavi ______________
Title:_Chief Executive Officer_ ________
Date:_____________________
203
2022
PROFESSIONAL SERVICES AGREEMENT
(Engagement: As-Needed, On-Call Building and Safety Support Services) (Parties: Infrastructure Engineers and City of Adelanto)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 13th day of July 2022 (hereinafter, the “Effective Date”) by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, “CITY”) and INFRASTRUCTURE ENGINEERS, (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional building and safety support services for CITY’s Building Department and building and safety related services, tasks, and activities on an as-needed, task-order basis; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills, and training necessary to competently provide such professional building and safety support services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of July 13, 2022.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through June 30, 2023 (hereinafter, the “Term”). The one-year Term of this Agreement may be annually and automatically extended by the CITY in its discretion, each year for an additional one-year extension, subject to its same terms and conditions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request 204
2 for Proposals of CITY entitled “REQUEST FOR PROPOSALS FOR CITY BUILDING AND SAFETY SERVICES”, (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “PROPOSAL FOR CITY BUILDING AND SAFETY SERVICES” (hereinafter, the “CONSULTANT Proposal”) dated June 6, 2022. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written task order(s) or work order(s) issued by the City Representatives (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of one of the City Representatives, confirming that the services or tasks have been authorized by the City Representative.
B. CONSULTANT shall perform no Work under this Agreement without a written request from one of the City Representatives, containing the information set forth in Section 1.3(A), above;
205
3 C. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “FEE PROPOSAL STAFF AUGMENTATION SERVICES” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the annual budgeted sum of Seven Hundred and Fifty Thousand dollars ($750,000) (hereinafter, the “Annual Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Annual Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Annual Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate 206
4 records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates JESSIE FLORES, CITY MANAGER (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates SID MOUSAVI, CHIEF EXECUTIVE OFFICER, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
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5 A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by 208
6 CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT 209
7 will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance 210
8 coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
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9 3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other 212
10 cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this 213
11 Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this 214
12 Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
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13 C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
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14 iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT 217
15 without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Infrastructure Engineers
3060 Saturn Street, Ste. 250
Brea CA 92821
Attn: Sid Mousavi, Chief Executive Officer
Phone: (714) 940-0100
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Brenda Lopez, City Clerk
Phone: (760) 246-2300
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona 218
16 fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
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17 6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF ADELANTO:
By:_______________________________
Name:_Jessie Flores_________________
Title:_City Manager__________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Marc Tran, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:_Sid Mousavi ______________
Title:_Chief Executive Officer_ ________
Date:_____________________
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19 EXHIBIT “A”
CITY RFP
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20 EXHIBIT “B”
CONSULTANT PROPOSAL
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CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y DATE: August 23, 2023
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: APPROVE AMENDMENT ONE TO THE AS NEEDED PLANNING SERVICES
CONTRACT TO INFRASTRUCTURE ENGINEERS IN THE NOT TO EXCEED AMOUNT OF $1,250,000 AND CHANGE THE TERM OF THE CONTRACT ON A MONTH-TOMONTH BASIS STAFF RECOMMENDATION:
Staff recommends City Council approve amendment number one (1) to the As-Needed Planning Services contract to Infrastructure Engineers (IE) in the not to exceed amount of $1,250,000 and change the term of the contract to a month-to-month basis.
BACKGROUND:
Last year The City of Adelanto advertised for Professional Services related to Planning services, and on July 13th, 2022, The City of Adelanto contracted with Infrastructure Engineers(“IE”) for Building and Safety services to administer the City of Adelanto’s (“The City”) building and construction inspection needs. While engaged with The City this past year IE has overseen the private construction and permitting within The City. Maintaining building standards and ensuring that structures are built according to The City’s prescribe building standards is an essential function of governance.
The original contract ended on June 30th, 2023, therefore an amendment is required to extend the service period and not to exceed amount to $1,250,000 in order to continue the contract with IE.
Planning is also responsible for Adelanto Housing Element and also the General Plan Amendments for the entire City.
FISCAL IMPACT:
Planning Services will be added to the upcoming Fiscal Year 2023-2024 budget ATTACHMENTS:
A. Amendment 1
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CITY OF ADELANTO
AMENDMENT NO. 1 TO
AS NEEDED, ON CALL PLANNING SUPPORT SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain AS NEEDED, ON CALL PLANNING SUPPORT SERVICES (“Agreement”) made on July 13, 2022, between the City of Adelanto (“City”) and Infrastructure Engineers (“Consultant”), which this Amendment No. 1 is made and entered into on August 23, 2023, to EXTEND THE TERMS OF SERVICE AND INCREASE THE TOTAL COMPENSATION:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. 1.1 TERM:
Term of Services. The term of this Agreement shall begin on July 1, 2023, and shall end on June 30, 2024, unless the term of the Agreement is otherwise terminated or extended as provided for in Section V.5.1. The time provided to consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section V.
3. 1.4 COMPENSATION:
Compensation. City hereby agrees to pay Consultant a sum not to exceed ONE MILLION TWO HUNDRED AND FIFITY THOUSAND DOLLARS ($1,250,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
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AMENDMENT NO. 1
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide AS NEEDED ON-CALL PLANNING SUPPORT SERVICES in the amount not to exceed ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLAR ($1,250,000.00) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
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AMENDMENT NO. 1
CITY OF ADELANTO:
By:_______________________________
Name:_Jessie Flores_________________
Title:_City Manager__________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Todd Litfin, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:_Sid Mousavi ______________
Title:_Chief Executive Officer_ ________
Date:_____________________
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2022
PROFESSIONAL SERVICES AGREEMENT
(Engagement: As-Needed, On-Call Planning Support Services) (Parties: Infrastructure Engineers and City of Adelanto)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 13th day of July 2022 (hereinafter, the “Effective Date”) by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, “CITY”) and INFRASTRUCTURE ENGINEERS, (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional planning support services for CITY’s planning services, tasks and activities, on an as-needed, task-order basis; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills, and training necessary to competently provide such professional planning support services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of July 13, 2022.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through June 30, 2023 (hereinafter, the “Term”). The one-year Term of this Agreement may be annually and automatically extended by the CITY in its discretion, each year for an additional one-year extension, subject to its same terms and conditions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request 228
2 for Proposals of CITY entitled “REQUEST FOR PROPOSALS FOR PLANNING SUPPORT SERVICES”, (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “PROPOSAL FOR PLANNING SUPPORT SERVICES” (hereinafter, the “CONSULTANT Proposal”) dated June 6, 2022. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written task order(s) or work order(s) issued by the City Representatives (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of one of the City Representatives, confirming that the services or tasks have been authorized by the City Representative.
B. CONSULTANT shall perform no Work under this Agreement without a written request from one of the City Representatives, containing the information set forth in Section 1.3(A), above;
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3 C. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “FEE PROPOSAL STAFF AUGMENTATION SERVICES” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the annual budgeted sum of Seven Hundred and Fifty Thousand dollars ($750,000) (hereinafter, the “Annual Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Annual Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Annual Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have 230
4 the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates JESSIE FLORES, CITY MANAGER (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates SID MOUSAVI, CHIEF EXECUTIVE OFFICER, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
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5 B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand 232
6 and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax 233
7 withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
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8 A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided 235
9 by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended 236
10 by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
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11 4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this 238
12 Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, 239
13 unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy. 240
14 CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the 241
15 termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Infrastructure Engineers
3060 Saturn Street, Ste. 250
Brea CA 92821
Attn: Sid Mousavi, Chief Executive Officer
Phone: (714) 940-0100
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Brenda Lopez, City Clerk
Phone: (760) 246-2300
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid 242
16 nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for 243
17 convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF ADELANTO:
By:_______________________________
Name:_Jessie Flores_________________
Title:_City Manager__________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Marc Tran, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:_Sid Mousavi ______________
Title:_Chief Executive Officer_ ________
Date:_____________________
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19 EXHIBIT “A”
CITY RFP
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20 EXHIBIT “B”
CONSULTANT PROPOSAL
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CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: August 23, 2023
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: APPROVE AMENDMENT NO. 1 TO THE AS NEEDED ENGINEERING SERVICES
CONTRACT TO INFRASTRUCTURE ENGINEERS IN THE NOT TO EXCEED AMOUNT OF $2,500,000 AND CHANGE THE TERM OF THE CONTRACT ON A MONTH-TOMONTH BASIS STAFF RECOMMENDATION:
Staff recommends City Council approve amendment number one (1) to the As-Needed Engineering Support Services contract to Infrastructure Engineers (IE) in the not to exceed amount of $2,500,000 and extend the contract until June 30, 2024 on a month-to-month basis.
BACKGROUND:
During the Fiscal Year 2023 The City of Adelanto advertised for Professional Services related to Engineering services, and on July 13th, 2022, The City of Adelanto contracted with Infrastructure Engineers(“IE”) for Engineering services to administer the City of Adelanto’s (“The City”) building and infrastructure needs. While engaged with The City this past year IE has overseen the White Avenue project, the Baldy Mesa Solar project, the Emergency Repairs at the intersection of Mojave and Bellflower, the construction of Auburn paving project, warrant studies throughout the City, design for grant submittals for parks and fire station improvements and many other projects throughout the City of Adelanto. Currently, The City is moving forward with two CIP projects which are a new park at Chamberlaine Way and Jonathan Street and the Barlett paving and improvement project.
The original contract was to end on June 30th, 2023, therefore an amendment is required to extend the service period and not to exceed amount in order to continue the contract with IE.
FISCAL IMPACT:
Funds are available in the City’s existing budget and funding is available from various funds for the street, designs, street paving and water and sewer infrastructure.
ATTACHMENTS:
A. Amendment 1
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CITY OF ADELANTO
AMENDMENT NO. 1 TO
AS NEEDED, ON CALL ENGINEERING SUPPORT SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain AS NEEDED, ON CALL ENGINEERING SUPPORT SERVICES (“Agreement”) made on July 13, 2022, between the City of Adelanto (“City”) and Infrastructure Engineers (“Consultant”), which this Amendment No. 1 is made and entered into on August 23, 2023, to EXTEND THE TERMS OF SERVICE AND INCREASE THE TOTAL COMPENSATION:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. 1.1 TERM:
Term of Services. The term of this Agreement shall begin on July 1, 2023, and shall end on June 30, 2024, unless the term of the Agreement is otherwise terminated or extended as provided for in Section V.5.1. The time provided to consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section V.
3. 1.4 COMPENSATION:
Compensation. City hereby agrees to pay Consultant a sum not to exceed TWO MILLION FIVE HUNDRED THOOUSAND ($2,500,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
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AMENDMENT NO. 1
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide AS NEEDED ON-CALL ENGINEERING SUPPORT SERVICES in the amount not to exceed TWO MILLION FIVE HUNDRED THOUSAND ($2,500,000.00) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
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AMENDMENT NO. 1
CITY OF ADELANTO:
By:_______________________________
Name:_Jessie Flores_________________
Title:_City Manager__________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Todd Litfin, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:_Sid Mousavi ______________
Title:_Chief Executive Officer_ ________
Date:_____________________
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